Sareini v. Burnett et al

Filing 38

ORDER Adopting Report and Recommendation and denying 12 Motion for Summary Judgment, filed by Dave Burnett, Radwan Mardini,denying 30 Motion to Certify Class, Motion to Appoint Counsel filed by Ali Sareini, denying 5 Motion for Partial Summary Judgment filed by Ali Sareini, 37 Report and Recommendation, Signed by District Judge Thomas L Ludington. (PPau)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALI SAREINI, Plaintiff, Case Number 08-13961-BC Honorable Thomas L. Ludington v. DAVE BURNETT, RADWAN MARDINI, Defendants. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND MOTION TO APPOINT COUNSEL This matter is before the Court on a report and recommendation [Dkt # 37] issued by Magistrate Judge Virginia M. Morgan on June 30, 2009. The magistrate judge recommends that the Court deny without prejudice certain motions that had been pending at the time that Plaintiff filed an amended complaint. The motions include Plaintiff's motion for partial summary judgment [Dkt. # 5], Defendants' motion for summary judgment [Dkt. # 12], and Plaintiff's motion for class certification and motion to appoint counsel [Dkt. # 30]. 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

# 37] is ADOPTED. It is further ORDERED that Plaintiff's motion for partial summary judgment [Dkt. # 5], Defendants' motion for summary judgment [Dkt. # 12], and Plaintiff's motion for class certification and motion to appoint counsel [Dkt. # 30] are DENIED WITHOUT PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: July 30, 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 July 30, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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