Adams v. Bridgeport, Township of, et al
ORDER Adopting 17 Report and Recommendation and Dismissing Case. Signed by District Judge Thomas L. Ludington. (KWin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 17-10708
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris
DAVE DUFFETT, and
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE
On November 8, 2017, Plaintiff was ordered to show cause why this case should not be
dismissed for failure to prosecute. ECF No. 16. Plaintiff was directed to respond to the show
cause order by November 22, 2017. Id. On November 27, 2017, Magistrate Judge Patricia T.
Morris issued a report and recommendation. ECF No. 17. Judge Morris notes that Plaintiff has
not served or attempted to serve any of the Defendants, nor has Plaintiff responded to the show
cause order. Id. at 2.
Although the magistrate judge’s report explicitly states that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither party has filed any objections. The election not to file objections 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). The failure to file objections to the report and recommendation
waives any further right to appeal. Id.
Accordingly, it is ORDERED that Judge Morris’s report and recommendation, ECF No.
17, is ADOPTED.
It is further ORDERED that Plaintiff’s amended complaint, ECF No. 7, is DISMISSED
for failure to prosecute.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: December 12, 2017
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 December 12, 2017.
KELLY WINSLOW, Case Manager
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