Oliver v. Vasbinder et al

Filing 19

ORDER adopting 14 Report and Recommendation; denying 8 Motion for TRO. Signed by District Judge Thomas L Ludington. (SGam)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JOEY OLIVER, Plaintiff, v. PALUS and SALINAS, Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING MOTION FOR TEMPORARY RESTRAINING ORDER On June 2, 2009, Magistrate Judge R. Steven Whalen issued a report and recommendation that the Court deny Plaintiff's motion for a temporary restraining order. Dkt. # 14. None of the parties to this action filed objections to the report and recommendation. A party's 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. # 14] is ADOPTED. It is further ORDERED Plaintiff's motion for a temporary restraining order [Dkt. # 8] is DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: July 16, 2009 Case Number 08-11768 Honorable Thomas L. Ludington

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 July 16, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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