Matje v. Zestos et al

Filing 60

ORDER (1) Granting Defendant Gidel's 54 Motion to Dismiss for Insufficient Service of Process and (2) Dismissing the Claims Against Defendant Gidel Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION THOMAS MATJE, Plaintiff, Case No. 13-cv-14791 Hon. Matthew F. Leitman v. MR. ZESTOS, Medical Director, et al., Defendants. _________________________________/ ORDER (1) GRANTING DEFENDANT GIDEL’S MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS (ECF #54) AND (2) DISMISSING THE CLAIMS AGAINST DEFENDANT GIDEL WITHOUT PREJUDICE Plaintiff Thomas L. Matje (“Matje”), an inmate in the custody of the Federal Bureau of Prisons, has filed a pro se civil action pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), against three defendants: James Zestos (“Zestos”), Dr. William Malatinsky (“Malatinsky”) and S. Gidel (“Gidel”). (See Compl. and Am. Compl., ECF ## 1, 17.) Before the Court now is Defendant Gidel’s Motion to Dismiss for Insufficient Service of Process (the “Motion”). (See ECF #54.) On July 30, 2017, the assigned Magistrate Judge issued a Report and Recommendation recommending that the Court grant the Motion and dismiss Matje’s claims against Gidel without prejudice (the “R&R”). (See ECF #59.) At 1 the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at Pg. ID 434-35.) Matje has not filed any objections to the R&R. The failure to file objections to an R&R 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 to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, because Matje has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant the Motion is ADOPTED. IT IS FURTHER ORDERED that (1) Gidel’s Motion to Dismiss for Insufficient Service of Process (ECF #54) is GRANTED and (2) the claims against Gidel are DISMISSED WITHOUT PREJUDICE.             s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: August 21, 2017 2 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 21, 2017, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 3

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