Dudzinski v. Spirit Airlines, Incorporated et al
ORDER Adopting 95 Report and Recommendation GRANTING 73 Motion to Dismiss, filed by Robert Love. Signed by District Judge David M. Lawson. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
MICHELLE HELENE DUDZINSKI,
Case Number 09-15009
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen
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
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