Johnson et al v. Wickersham et al

Filing 72

ORDER Adopting 64 Report and Recommendation and Dismissing Ronald Whitney as a Plaintiff in this Action. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEONTAY JOHNSON, et al.,
Plaintiffs,

Case No. 13-cv-13672
Hon. Matthew F. Leitman

v.
ANTHONY WICKERSHAM, et al.,
Defendants.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #64)
AND DISMISSING RONALD WHITNEY
AS A PLAINTIFF IN THIS ACTION
On August 27, 2013, Plaintiff Ronald Whitney (“Whitney”) and two other
Plaintiffs filed a pro se prisoner civil rights Complaint related to their incarceration
at the Macomb County Jail. (See ECF #1.) Since that time, numerous Orders that
the Court has sent to Whitney at the address he provided the Court have been
returned as undeliverable. And in violation of Local Rule 11.2, Whitney has not
notified the Court of any change to his address.
On October 20, 2014, the Magistrate Judge issued an order for Whitney to
show cause why he should not be dismissed as a Plaintiff in this action due to his
failure to prosecute. (See the “Show Cause Order,” ECF #52.) Whitney did not
respond to the Show Cause Order.

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Accordingly, on January 12, 2015, the Magistrate Judge issued a Report and
Recommendation recommending that the Court dismiss Whitney from this action
due to his failure to prosecute. (See the “R&R,” ECF #64.) At the conclusion of
the R&R, the Magistrate Judge informed Whitney that “[a]ny objections to this
Report and Recommendation must be filed within fourteen (14) days…” and that
the “[f]ailure to file specific objections constitutes a waiver of any further right of
appeal.” (Id. at 4, Pg. ID 320.)
Whitney has not filed any objection to the R&R. As the Magistrate Judge
informed Whitney, failure to file objections to a Report and Recommendation
waives any further right to appeal. See Howard v. Sec'y of Health and Human
Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231,
829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object releases the
Court from its duty to independently review the matter. See Thomas v. Arn, 474
U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees
with the findings and conclusions of the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the R&R (ECF #64) is
ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED that
Ronald Whitney is DISMISSED as a Plaintiff in this action.

Dated: February 3, 2015

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 3, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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