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EDKINS v. U.S., 15-cv-10615. (2015)

Court: District Court, E.D. Michigan Number: infdco20151113d14 Visitors: 18
Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #26) (2) GRANTING JOINT MOTION TO DISMISS AS DEFENDANT MATTHEW SCOTT DUBOIS (ECF #21); AND (3) DENYING MATTHEW SCOTT DUBOIS'S MOTION TO DISMISS (ECF #13) AS MOOT MATTHEW F. LEITMAN , District Judge . On June 9, 2015, Defendant Matthew Scott Dubois, D.D.S., ("Dr. Dubois") filed a motion to dismiss the claims Plaintiff Charles Edkins ("Edkins") had brought against him. ( See ECF #13.) On September 4, 2015, Dr. Dubois and Edkins filed a joint
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ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #26) (2) GRANTING JOINT MOTION TO DISMISS AS DEFENDANT MATTHEW SCOTT DUBOIS (ECF #21); AND (3) DENYING MATTHEW SCOTT DUBOIS'S MOTION TO DISMISS (ECF #13) AS MOOT

On June 9, 2015, Defendant Matthew Scott Dubois, D.D.S., ("Dr. Dubois") filed a motion to dismiss the claims Plaintiff Charles Edkins ("Edkins") had brought against him. (See ECF #13.) On September 4, 2015, Dr. Dubois and Edkins filed a joint motion to dismiss Dr. Dubois as a Defendant in this action (the "Joint Motion to Dismiss"). (See ECF #21.) On September 30, 2015, Magistrate Judge R. Steven Whalen issued a Report and Recommendation ("R&R") recommending that the Court grant the Joint Motion to Dismiss. (See ECF #26.) The R&R stated that the parties to this action could object to and seek review of the recommendation within fourteen days. (See id. at 2-3, Pg. ID 221-222.)

No party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir.1991); 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 R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge.

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's September 30, 2015, Report and Recommendation (ECF #26) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED that for the reasons stated in the R&R, the Joint Motion to Dismiss (ECF #21) is GRANTED, and all claims brought against Dr. Dubois are DISMISSED WITH PREJUDICE.1 IT IS FURTHER ORDERED that Dr. Dubois's Motion to Dismiss (ECF #13) is DENIED AS MOOT.

FootNotes


1. All claims Plaintiff has brought against Defendants United States of America and Scott Kevin Dubois, D.D.S., remain pending.
Source:  Leagle

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