Dalmayer et al v Michigan, State of et al

Filing 95

ORDER adopting 94 Report and Recommendation, denying 56 Motion for default judgment and dismissing defendant Sheriff Doug Baum. Signed by District Judge Thomas L Ludington. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION BERT DALMAYER, et al., Plaintiffs, v. STATE OF MICHIGAN, et al., Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, AND DISMISSING DEFENDANT SHERIFF DOUG BAUM On April 16, 2009, Magistrate Judge Charles E. Binder issued a report and recommendation that the Court deny Plaintiff Bert Dalmayer's motion for default judgment and dismiss Defendant Sheriff Doug Baum sua sponte. 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. # 94] is ADOPTED. It is further ORDERED that Plaintiff Bert Dalmayer's motion for default judgment [Dkt. # 56] is DENIED. Case Number 08-12784 Honorable Thomas L. Ludington

It is further ORDERED that the claims asserted against Defendant Sheriff Doug Baum are DISMISSED WITH PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: May 14, 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 May 14, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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