Rodgers v. National Labor Relations Board

Filing 9

ORDER Adopting Report and Recommendation for 8 Report and Recommendation Signed by Honorable Marianne O Battani. (BThe)

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Rodgers v. National Labor Relations Board Doc. 9 Case 2:06-cv-15074-MOB-DAS Document 9 Filed 02/28/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TERRENCE F. ROGERS, Plaintiff, v. NATIONAL LABOR RELATIONS BOARD, Defendant. ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION TO DISMISS Plaintiff Terrence F. Rodgers filed his Complaint in Wayne County Circuit Court on October 13, 2006. Defendant timely removed and filed its request that the Complaint be dismissed. In his response, Plaintiff moved for a change of venue. The matter was referred to Magistrate Judge Donald A. Scheer, pursuant to 28 U.S.C. 636(b)(1)(B). In a Report and Recommendation ("R&R") dated January 31, 2007, Magistrate Judge Scheer recommended that Plaintiff motion be denied and Defendant's motion be granted. The Magistrate Judge further informed the parties that objections to the R&R must be filed within ten days of service and that a party's failure to file objections would waive any further right of appeal. Neither party filed an objection. Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's Case No. 06-15074 Hon. Marianne O. Battani Magistrate Judge Donald Scheer recommendation and GRANTS Defendant's Motion to Dismiss and DENIES Plaintiff's Motion for Change of Venue. Case 2:06-cv-15074-MOB-DAS Document 9 Filed 02/28/2007 Page 2 of 2 IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATE: February 28, 2007 CERTIFICATE OF SERVICE A copy of this Order was e-filed and/or mailed to Terrence Rodgers and Eric G. Moskowitz this date. s/Bernadette M. Thebolt Deputy Clerk 2

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