Brown v. Carter et al

Filing 22

ORDER Adopting 21 Report and Recommendation and Dismissing Claims Against Defendants Nicole Carter and Dushna Popovski Without Prejudice. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARNELL BROWN,
Plaintiff,

Case No. 14-cv-14350
Hon. Matthew F. Leitman

v.
NICOLE CARTER, et al.
Defendants.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #21)
AND DISMISSING CLAIMS AGAINST DEFENDANTS NICOLE CARTER
AND DUSHNA POPOVSKI WITHOUT PREJUDICE
On November 12, 2014, Plaintiff Darnell Brown (“Brown”) filed this Title
VII action against Defendants Nicole Carter (“Carter”), Dushna Popovski
(“Popovski”), and Pellumb Sulaj (“Sulaj”). (See Complaint, ECF #1.) Sulaj filed
an Answer on January 21, 2015. (See ECF #12.) After summonses for Carter and
Popovski were returned as unexecuted (see ECF ## 16, 17), Magistrate Judge
Anthony Patti ordered Brown to show cause why his claims against Carter and
Popovski should not be dismissed for failure to effect service. (See ECF #18.)
Carter responded that he could not find addresses for either Carter or Popovski,
and he requested that the case proceed against Sulaj only. (See ECF #19.)

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On April 7, 2015, Magistrate Judge Patti issued a Report and
Recommendation recommending that the Court dismiss Brown’s claims against
Carter and Popovski without prejudice “for failure to effect service pursuant to
Rule 4(m) of the Federal Rules of Civil Procedure.” (See the “R&R,” ECF #21.)
The R&R stated that the parties could object to and seek review of the
recommendation within fourteen days. (See id. at 3-4, Pg. ID 64-65.)
No 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); 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 review
the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge’s April 7,
2015, Report and Recommendation (ECF #21) is ADOPTED as the Opinion of
this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that
Brown’s claims against Defendants Nicole Carter and Dushna Popovski are
DISMISSED WITHOUT PREJUDICE for failure to effect service.

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

Dated: April 27, 2015
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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 April 27, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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