JACKSON v. SAVERHOOD, 11-13173. (2013)
Court: District Court, E.D. Michigan
Number: infdco20130826789
Visitors: 14
Filed: Aug. 23, 2013
Latest Update: Aug. 23, 2013
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on July 31, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. 636(b), recommending that this Court grant the defendant's motion for summary judgment and dismiss the plaintiff's complaint without prejudice. Although the magistrate
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on July 31, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. 636(b), recommending that this Court grant the defendant's motion for summary judgment and dismiss the plaintiff's complaint without prejudice. Although the magistrate ..
More
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE
DAVID M. LAWSON, District Judge.
Presently before the Court is the report issued on July 31, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the defendant's motion for summary judgment and dismiss the plaintiff's complaint without prejudice. 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. #51] is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment [dkt. #39] is GRANTED.
It is further ORDERED that the plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
Source: Leagle
