Griffin v. Klee et al

Filing 24

ORDER Adopting 23 Report and Recommendation and Denying Defendants' 14 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RANDLE GRIFFIN,
Plaintiff,

Case No. 14-cv-14290
Hon. Matthew F. Leitman

v.
PAUL KLEE et al.,
Defendants.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #23)
AND DENYING DEFENDANTS’ MOTION TO DISMISS (ECF #14)
On April 16, 2015, Magistrate Judge Anthony Patti issued a Report and
Recommendation (“R&R”) recommending that the Court deny the Motion to
Dismiss (see ECF #14) filed by Defendants Paula Klee, Joseph Barrett, and
Michelle Parsons. (See ECF #22.) The R&R stated that the parties could object to
and seek review of the recommendation within fourteen days. (See id. at 20-21,
Pg. ID 158-159.)
Neither party has objected to the R&R.

Failure to file objections to the

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); see also 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 R&R releases the Court from its duty to independently
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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 Magistrate Judge's April
16, 2015, Report and Recommendation (ECF #23) is ADOPTED as the Opinion
of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R,
that the Motion to Dismiss filed by Defendants Paula Klee, Joseph Barrett, and
Michelle Parsons (ECF #14) is DENIED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: May 6, 2015
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 6, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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