HOLMES v. HAYWOOD, 12-15508. (2013)
Court: District Court, E.D. Michigan
Number: infdco20130912964
Visitors: 5
Filed: Sep. 09, 2013
Latest Update: Sep. 09, 2013
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST DEFENDANT A. SMITH ONLY DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on August 19, 2013 by Magistrate Judge Laurie J. Michelson pursuant to 28 U.S.C. 636(b), recommending that the Court dismiss without prejudice the plaintiff's claims against defendant A. Smith for failure to complete service within the time allowed under Federal Rule of Civil Procedure 4(m). Althoug
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST DEFENDANT A. SMITH ONLY DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on August 19, 2013 by Magistrate Judge Laurie J. Michelson pursuant to 28 U.S.C. 636(b), recommending that the Court dismiss without prejudice the plaintiff's claims against defendant A. Smith for failure to complete service within the time allowed under Federal Rule of Civil Procedure 4(m). Although..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST DEFENDANT A. SMITH ONLY
DAVID M. LAWSON, District Judge.
Presently before the Court is the report issued on August 19, 2013 by Magistrate Judge Laurie J. Michelson pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss without prejudice the plaintiff's claims against defendant A. Smith for failure to complete service within the time allowed under Federal Rule of Civil Procedure 4(m). Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #17] is ADOPTED.
It is further ORDERED that the plaintiff's claims against defendant A. Smith ONLY are DISMISSED without prejudice.
Source: Leagle
