Williams v. Caruso et al

Filing 77

ORDER Adopting 76 Report and Recommendation for 70 Motion to Dismiss filed by Santiago and 72 Motion for Miscellaneous Relief filed by Marilyn Harris Signed by District Judge David M. Lawson. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD WILLIAMS, Plaintiff, v. DR. SANTIAGO and MARILYN HARRIS, Defendants. __________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE Presently before the Court is the report issued on August 13, 2009 by Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court dismiss the plaintiff's complaint with prejudice for failure to prosecute and deny the defendants' motions to dismiss as moot. 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 Case Number 08-10044 Honorable David M. Lawson Mag. Judge Michael J. Hluchaniuk

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 matter. Thomas v. Arn, 474 U.S. 140, 149 (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 # 76] is ADOPTED. It is further ORDERED that the plaintiff's complaint is DISMISSED with prejudice for

failure to prosecute. It is further ORDERED that defendant Armando Santiago, M.D.'s motion to dismiss [dkt. # 70] and defendant Marilyn Harris's motion to join co-defendant Armando Santiago, M.D.'s motion to dismiss [dkt. # 72] are DENIED as moot. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: September 1, 2009

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 September 1, 2009. s/Lisa M. Ware LISA M. WARE