Charboneau v. Jordan

Filing 19

ORDER denying 11 Motion for Summary Judgment; adopting 17 Report and Recommendation. Signed by District Judge Thomas L Ludington. (SGam)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JEROME ALAN CHARBONEAU, Plaintiff, Case Number 07-12929-BC Honorable Thomas L. Ludington v. MATTHEW JORDAN, Defendant. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on a report issued by Magistrate Judge Charles E. Binder on November 25, 2008. The magistrate judge recommends denying Defendant's motion for summary judgment. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 17] is ADOPTED. It is further ORDERED that Defendant's motion for summary judgment [Dkt. # 11] is DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: March 16, 2009

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 16, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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