Jackson v. Saverhood

Filing 53

ORDER adopting 51 Report and Recommendation and Granting 39 Defendant's Motion for Summary Judgment, and Dismissing 1 Plaintiff's Complaint without prejudice. Signed by District Judge David M. Lawson. (SJa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DOUGLAS JACKSON,
Plaintiff,
Case Number 11-13173
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk

v.
HOPE SAVERHOOD,
Defendant.
___________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on July 31, 2013 by Magistrate Judge Michael
J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the defendant’s
motion for summary judgment and dismiss the plaintiff’s complaint without prejudice. 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.
#51] is ADOPTED.

It is further ORDERED that the defendant’s motion for summary judgment [dkt. #39] is
GRANTED.
It is further ORDERED that the plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 23, 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 August 23, 2013.
s/Shawntel Jackson
SHAWNTEL JACKSON

-2-