Lynn v. State Farm Mutual Automobile Insurance Company

Filing 21

ORDER Adopting 20 Report and Recommendation. Signed by District Judge John Feikens. (CGre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KELLIE LYNN, guardian and conservator of Frederick E. Haynes, Sr. Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant. ________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION I have before me, Magistrate Judge Michael Hluchaniuk's Report and Recommendation ("Report"). In his Report,Magistrate Judge Hluchaniuk recommends that I dismiss Plaintiff's Complaint without prejudice for failure to prosecute. Neither party has filed objections to Magistrate Judge Hluchaniuk's Report during the time set aside for doing so. If a party objects to specific portions of a report and recommendation within the allotted time, the Court should "make a de novo determination of those portions." 28 U.S.C. §636 (b)(1). If neither party objects to the report and recommendation in the time set aside for doing so, a district court need not review it by any standard. 28 U.S.C. § 636(b)(1), see also Lardie v. Birkett, 221 F.Supp.2d 806, 807 (E.D. Mich. 2002). A district court "may accept, reject or modify, in whole or in part, the finding or recommendation made by the magistrate." 28 U.S.C. § 636(b)(1). I find that Magistrate Judge Hluchaniuk has throughly and correctly analyzed the issues Civil No. 08-12714 Hon. John Feikens Magistrate Michael Hluchaniuk

and I agree with his recommendation. For these reasons, I ADOPT Magistrate Judge Hluchaniuk's Report and DISMISS the Plaintiff's Complaint without prejudice for failure to prosecute. IT IS SO ORDERED. Date: April 16, 2009 s/ John Feikens John Feikens United States District Judge

Proof of Service I hereby certify that the foregoing order was served on the attorneys/parties of record on April 16, 2009, by U.S. first class mail or electronic means. s/Carol Cohron Case Manager