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HOSSEIN v. CITY OF DEARBORN HEIGHTS, 12-14969. (2013)

Court: District Court, E.D. Michigan Number: infdco20130910c58 Visitors: 2
Filed: Sep. 09, 2013
Latest Update: Sep. 09, 2013
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS, DENYING PLAINTIFF'S PETITION FOR DECLARATORY JUDGMENT, AND DENYING DEFENDANTS' MOTION TO STRIKE DAVID M. LAWSON, District Judge. Presently before the Court is the report issued on August 12, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. 636(b), recommending that the Court grant the defendants' motion to dismiss, dismiss the complaint, and deny other pending motions as moot. Although the
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ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS, DENYING PLAINTIFF'S PETITION FOR DECLARATORY JUDGMENT, AND DENYING DEFENDANTS' MOTION TO STRIKE

DAVID M. LAWSON, District Judge.

Presently before the Court is the report issued on August 12, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants' motion to dismiss, dismiss the complaint, and deny other pending motions as moot. 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. #20] is ADOPTED.

It is further ORDERED that the defendants' motion to dismiss [dkt. #11] is GRANTED.

It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.

It is further ORDERED that the plaintiff's petition for declaratory judgment [dkt. #4] and the defendants' motion to strike [dkt. #12] are DISMISSED as moot.

Source:  Leagle

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