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JONES v. U.S. DEPARTMENT OF EDUCATION, 15-10171. (2016)

Court: District Court, E.D. Michigan Number: infdco20160128e30 Visitors: 4
Filed: Jan. 26, 2016
Latest Update: Jan. 26, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING DEFENDANT PIONEER CREDIT RECOVERY, INC.'S MOTION TO DISMISS [DKT. #9] AND DEFENDANTS WAYNE STATE UNIVERSITY AND APRIL EWING-MILES'S MOTION TO DISMISS [DKT. #11] DAVID M. LAWSON , District Judge . Presently before the Court is the report issued on January 8, 2016 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. 636(b), recommending that the Court deny defendant Pioneer Credit Recovery, Inc.'s motion to dismiss, and defendants Way
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ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING DEFENDANT PIONEER CREDIT RECOVERY, INC.'S MOTION TO DISMISS [DKT. #9] AND DEFENDANTS WAYNE STATE UNIVERSITY AND APRIL EWING-MILES'S MOTION TO DISMISS [DKT. #11]

Presently before the Court is the report issued on January 8, 2016 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court deny defendant Pioneer Credit Recovery, Inc.'s motion to dismiss, and defendants Wayne State University and April Ewing-Miles's motion to dismiss. 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. #24] is ADOPTED.

It is further ORDERED that defendant Pioneer Credit Recovery, Inc.'s motion to dismiss [dkt. #9] is DENIED WITHOUT PREJUDICE.

It is further ORDERED that defendants Wayne State University and April Ewing-Miles's motion to dismiss [dkt. #11] is DENIED WITHOUT PREJUDICE.

It is further ORDERED that if the plaintiff desires to file an amended complaint, then she must do so on or before February 9, 2016.

Source:  Leagle

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