Smith v. The Food Bank of Eastern Michigan

Filing 83

ORDER 76 Report and Recommendation, Granting Defendant's 48 Motion for Summary Judgment and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACEY SMITH,
Plaintiff,
Case Number 14-13795
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

v.
THE FOOD BANK OF
EASTERN MICHIGAN,
Defendant.
______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT, AND DISMISSING COMPLAINT
Presently before the Court is the report issued on May 31, 2016 by Magistrate Judge
Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendant’s
motion for summary judgment and enter judgment in favor of the plaintiff. 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. On June 17, 2016, the plaintiff filed
a motion for a two-week extension to file her objections. The Court granted the motion and ordered
objections to be filed on or before July 1, 2015; 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.
#76] is ADOPTED.
It is further ORDERED that the defendant’s motion for summary judgment [dkt. #48] is
GRANTED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: July 5, 2016
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 July 5, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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