Melton v. Michigan Corrections Commission et al

Filing 35

ORDER Adopting Magistrate Judge's 32 Recommendation and Denying the Plaintiff's 29 Motion for Default Judgment. Signed by District Judge David M. Lawson. (SPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LONNER MELTON, Plaintiff, v. MICHIGAN CORRECTIONS COMMISSION, MICHIGAN DEPARTMENT OF CORRECTIONS, PATRICIA CARUSO, DOUGLAS VASBINDER, CORRECTIONAL OFFICER JACOBSON, CORRECTIONAL OFFICER LOWE, CORRECTIONAL OFFICER CONNOR, and CORRECTIONAL OFFICER HUMPHREY, Defendants. ___________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION AND DENYING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Presently before the Court is the report and recommendation issued on October 17, 2008 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. 636(b)(1)(B) and E.D. Mich. LR 72.1. On September 29, 2008, the plaintiff filed a motion for entry of default judgment pursuant to M.C.R. 2.506(F)(3)(4)-(6), and Magistrate Judge Majzoub recommended that this Court deny the plaintiff's motion. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, no objections have been filed. The parties' 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 motion. Thomas v. Arn, 474 U.S. 140, 149 Case No. 07-15480 Honorable David M. Lawson Magistrate Judge Mona K. Majzoub (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge. Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 32] is ADOPTED, and the plaintiff's motion for default judgment [dkt # 29] is DENIED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: November 7, 2008 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 November 7, 2008. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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