Washington v. Thomas et al

Filing 6

ORDER Adopting 5 Magistrate Judge's Report and Recommendation and Dismissing Plaintiff's Complaint Sua Sponte. Signed by District Judge Thomas L Ludington. (CGre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LUEGENE WASHINGTON, Plaintiff, v. MIKE THOMAS, Saginaw County Prosecutor, and KACZMAREK, Judge, Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT SUA SPONTE On April 22, 2009, Magistrate Judge Charles E. Binder issued a report and recommendation that the Court dismiss Plaintiff's complaint 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. # 5] is ADOPTED. It is further ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: May 18, 2009 Case Number 09-11302 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 May 18, 2009. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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