Filed: Feb. 20, 2019
Latest Update: Feb. 20, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 215) AND DISMISSING DEFENDANTS LAIDLER & ZIELINKSI and CYRIL HALL AND CLOSING CASE AVERN COHN , District Judge . On August 15, 2016, plaintiff proceeding pro se and in forma pauperis, filed a complaint against multiple defendants, ranging from courts, state agencies, judges, and attorneys. As best as can be gleaned, plaintiff claims violations of state and federal law relating to proceedings before the Michigan Supreme Court and Michigan Judic
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 215) AND DISMISSING DEFENDANTS LAIDLER & ZIELINKSI and CYRIL HALL AND CLOSING CASE AVERN COHN , District Judge . On August 15, 2016, plaintiff proceeding pro se and in forma pauperis, filed a complaint against multiple defendants, ranging from courts, state agencies, judges, and attorneys. As best as can be gleaned, plaintiff claims violations of state and federal law relating to proceedings before the Michigan Supreme Court and Michigan Judici..
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ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 215) AND DISMISSING DEFENDANTS LAIDLER & ZIELINKSI and CYRIL HALL AND CLOSING CASE
AVERN COHN, District Judge.
On August 15, 2016, plaintiff proceeding pro se and in forma pauperis, filed a complaint against multiple defendants, ranging from courts, state agencies, judges, and attorneys. As best as can be gleaned, plaintiff claims violations of state and federal law relating to proceedings before the Michigan Supreme Court and Michigan Judicial Tenure Commission which resulted in her removal from the bench upon a finding that she is "mentally unfit." She also claims violations of federal law during her employment as a state district court judge, including Title VII (race, religion, and gender discrimination) and the Americans with Disabilities Act. Pretrial matters have been referred to a magistrate judge (Doc. 85). Following several motions to dismiss and reports and recommendations which were adopted by the Court, the only remaining defendants are Laidler & Zielinski, a law firm, and Cyril Hall, an attorney.
On January 22, 2019, the magistrate judge issued a report and recommendation (MJRR), recommending that these remaining defendants be sua sponte dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) and Fed. R. Civ. P. 12(b)(1) because plaintiff's claims against them are frivolous and otherwise fail to state a viable claim. (Doc. 215). Also on that date, the magistrate judge issued an order denying plaintiff's motion to file a fourth amended complaint (Doc. 197) in which she sought to add new defendants and additional claims (Doc. 216).
Plaintiff has not objected to the MJRR or the order denying her motion to amend and the time for objections has passed.1
The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 motions. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees with the magistrate judge. Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the findings and conclusions of the Court. Defendants Laidler & Zielinski and Cyril Hall are DISMISSED.
Because all defendants have been dismissed and plaintiff has been denied leave to file a fourth amended complaint, this case is CLOSED.
SO ORDERED.
