Filed: May 12, 2016
Latest Update: May 12, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' ORAL MOTION TO DISMISS, AND DISMISSING COMPLAINT DAVID M. LAWSON , District Judge . Presently before the Court is the report issued on April 19, 2016 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. 636(b), recommending that the Court grant the defendants' oral motion to dismiss, deny the defendants' oral motion for an award of costs and attorney fees, and dismiss the complaint with prejudice. Although the magistrate
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' ORAL MOTION TO DISMISS, AND DISMISSING COMPLAINT DAVID M. LAWSON , District Judge . Presently before the Court is the report issued on April 19, 2016 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. 636(b), recommending that the Court grant the defendants' oral motion to dismiss, deny the defendants' oral motion for an award of costs and attorney fees, and dismiss the complaint with prejudice. Although the magistrate ..
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ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' ORAL MOTION TO DISMISS, AND DISMISSING COMPLAINT
DAVID M. LAWSON, District Judge.
Presently before the Court is the report issued on April 19, 2016 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants' oral motion to dismiss, deny the defendants' oral motion for an award of costs and attorney fees, and dismiss the complaint with 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. #22] is ADOPTED.
It is further ORDERED that the defendants' oral motion to dismiss made on January 19, 2016 is GRANTED. The defendants' contemporaneous oral motion for an award of costs and attorney fees is DENIED.
It is further ORDERED that the plaintiff's motion to set aside his request for dismissal [dkt. #13] is DENIED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.