Wieszciecinski v. Pergande et al

Filing 6

ORDER Adopting 5 Report and Recommendation and Dismissing Complaint With Prejudice. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
PATRICIA L.
WIESZCIECINSKI,
Plaintiff,

Case No. 14-12159
Honorable Thomas L. Ludington

v.
JOSEPH PERGANDE, and
JACK PERGANDE,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT WITH PREJUDICE
On June 2, 2014, Patricia Wieszciecinski filed a complaint alleging wrongful eviction
violations by Joseph and Jack Pergande, presumably her landlords. All pretrial matters in the
case were then referred to United States Magistrate Judge Patricia Morris pursuant to 28 U.S.C. §
636(b)(1).
On June 10, 2014, Judge Morris issued a report recommending that Wieszciecinski’s
claims be sua sponte dismissed. Report & Rec. 1, ECF No. 5. Although Judge Morris’s report
explicitly stated that the parties may object to and seek review of the recommendation within 14
days of service of the report, as of today’s date, no party has filed objections. The failure to
object to Judge Morris’s report releases the Court from its duty to independently review the
record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file objections to the
report waives any further right to appeal. See Smith v. Detroit Fed’n of Teachers Local 231, 829
F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, it is ORDERED that Judge Moriss’s report and recommendation, ECF No.
5, is ADOPTED.
It is further ORDERED that the Wieszciecinski’s complaint, ECF No. 1, is DISMISSED
with prejudice. This is a final order and closes the case.
Dated: July 8, 2014

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 Patricia L Wieszciecinski at 601 W.
Midland Street, Apt 2, Bay City, MI 48706 by first class
U.S. mail on July 8, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

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