Dudzinski v. Spirit Airlines, Incorporated et al

Filing 98

ORDER Adopting 95 Report and Recommendation GRANTING 73 Motion to Dismiss, filed by Robert Love. Signed by District Judge David M. Lawson. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHELLE HELENE DUDZINSKI, Plaintiff, Case Number 09-15009 Honorable David M. Lawson Magistrate Judge R. Steven Whalen v. ROBERT LOVE, Defendant. _______________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING DEFENDANT ROBERT LOVE’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING COMPLAINT Presently before the Court is the report issued on March 5, 2013 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that this Court grant defendant Robert Love’s motion for summary judgment. Although the magistrate judge’s report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n 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. #95] is ADOPTED. It is further ORDERED that defendant Robert Love’s motion for summary judgment [dkt. #73] is GRANTED. It is further ORDERED that the plaintiff’s complaint is DISMISSED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: March 25, 2013 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 March 25, 2013. s/Deborah R. Tofil DEBORAH R. TOFIL -2-

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