Fields v. United States Government

Filing 28

ORDER Adopting 27 Report and Recommendation. Signed by District Judge Marianne O. Battani. (BThe)

Fields v. United States Government

Doc. 28

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

PATRICK T. FIELDS, Plaintiff, Case No. 09-12181 Hon. Marianne O. Battani v. UNITED STATES GOVERNMENT, Defendant. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff filed suit pursuant to the Freedom of Information Act, 5 U.S.C.§ 552 et seq., seeking his late father's tax returns. The case was referred to Magistrate Judge R. Steve Whalen for all pretrial proceedings. See, 28 U.S.C. § 636(b)(1); (Doc. 7). On February 25, 2011, the Magistrate Judge recommended that the Court grant Defendant's Motion to Dismiss (Doc. 21) and dismiss Plaintiff's Complaint with prejudice. (Doc. 25). The Magistrate Judge informed the parties that objections to the Report and Recommendation must be filed within fourteen days of service and that a party's failure to file objections would waive any further right of appeal. See (Doc. 25 at 4); 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2); Thomas v. Arn, 474 U.S. 140 (1985). Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation, GRANTS Defendant's motion to dismiss, and DISMISSES Plaintiff's Complaint with prejudice. IT IS SO ORDERED.

Dockets.Justia.com

s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: March 25, 2011 CERTIFICATE OF SERVICE Copies of this Order were mailed to Plaintiff and counsel of record on this date by ordinary mail and electronic filing. s/Bernadette M. Thebolt Case Manager

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