Cross v. Henry Ford Health Systems et al

Filing 12

ORDER Adopting Report 11 Report and Recommendation and Dismssing Complaint Pursuant to 28:1915(e)(2)(b) Signed by District Judge David M. Lawson. (LHac)

-MAR Cross v. Henry Ford Health Systems et al

Doc. 12

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES I. CROSS, Plaintiff, v. HENRY FORD HEALTH SYSTEMS, KINGSWOOD HOSPITAL, ST. JOSEPH MERCY HOSPITAL - OAKLAND, OAKLAND COUNTY CIRCUIT COURT, LARRY MASUMY, MOHAMMAD GHAFFARLOO, HON. LEO BOWMAN, HON. ELIZABETH PEZZETTI, Defendants. _________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT PURSUANT TO 28 U.S.C. § 1915(e)(2)(B) Presently before the Court is the report issued on October 18, 2010 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b). Judge Randon recommended dismissing the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim against the defendants and because the Oakland County Circuit Court and its two judges are immune from suit. 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. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge. Case Number 10-12379 Honorable David M. Lawson Magistrate Judge Mark A. Randon

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Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 11] is ADOPTED. It is further ORDERED that the plaintiffs' complaint is DISMISSED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: November 10, 2010

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 November 10, 2010. s/Deborah R. Tofil DEBORAH R. TOFIL

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