Thornton v. AFGE Local 2274 et al

Filing 8

ORDER Adopting 7 Report and Recommendation and Dismissing Case. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
BRIAN KELLY THORNTON,
Plaintiff,
v.

Case Number 11-14684
Honorable Thomas L. Ludington

AFGE LOCAL 2274,
Defendant.
________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE
This matter is before the Court on the report and recommendation (ECF No. 7) issued by
Magistrate Judge Charles E. Binder on January 10, 2011 (ECF No. 7).

Judge Binder

recommends that the Court dismiss the case for not complying with the filing fee requirement.
On November 28, 2011, the Court denied Plaintiff Brian Thornton’s motion to proceed in forma
pauperis. On December 5, 2011, the Court notified Plaintiff that he had thirty days from the date
of the notice to pay the filing fee. ECF No. 6. Plaintiff was also notified that if the filing fee was
not paid, a report and recommendation would issue recommending that the case be dismissed.
More than thirty days passed without payment.

On January 10, 2012, Judge Binder issued a

report and recommendation recommending that the case be dismissed because the filing fee had
not been paid.
Any party may serve and file written objections “[w]ithin fourteen days after being
served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the report . . . to which objection is
made.” Id. The Court is not obligated to review the portions of the report to which no objection

was made. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). As of today’s date, no party has filed
any objections to Judge Binder’s report and recommendation. The filing fee has not been paid.
Accordingly, it is ORDERED that Judge Binder’s report and recommendation (ECF No.
7) is ADOPTED.
It is further ORDERED that Plaintiff’s complaint (ECF No. 7) is DISMISSED.

Dated: January 25, 2012
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon Brian Kelly Thornton, of 407 N. Mason, Saginaw, MI 48602 by
first class U.S. mail on January 25, 2012.
s/Tracy A. Jacobs
TRACY A. JACOBS

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