Brooks v. Transcontinental Systems, Inc. et al

Filing 43

ORDER Adopting 41 Report and Recommendation, GRANTING 34 Motion to Dismiss filed by Transcontinental Systems, Inc. Signed by District Judge Sean F Cox. (JHer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Trent Jarvis Brooks, Plaintiff, v. Transcontinental System, Inc., Defendant. _____________________________________/ ORDER ACCEPTING AND ADOPTING REPORT & RECOMMENDATION Defendant Transcontinental filed a motion to dismiss for failure to comply with court's order for discovery and sanctions (Docket Entry No. 34), which this Court referred to Magistrate Judge Virginia Moran for issuance of a report and recommendation ("R&R"). On June 18, 2010, Magistrate Judge Morgan issued her R&R which recommends that Defendant's motion be granted and that Plaintiff's complaint be dismissed with prejudice for failure to comply with the Court's order for discovery and sanctions. (Docket Entry No. 41). Pursuant to 28 U.S.C. § 636(b)(1), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id. The time for filing objections to the R&R has expired and the docket reflects that Plaintiff has filed no objections to the R&R. The Court hereby ADOPTS the June 18, 2010 R&R in its entirety. IT IS ORDERED that 1 Case No. 09-11787 Honorable Sean. F. Cox Defendant's motion is GRANTED and Plaintiff's Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: July 6, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 6, 2010, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager 2

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