Flores v. United States Attorney General et al

Filing 6

ORDER Adopting Report and Recommendation for 5 Report and Recommendation. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ERIC FLORES,
Plaintiff,
Case Number 15-11359
Honorable David M. Lawson
Magistrate Judge David R. Grand

v.

UNITED STATES ATTORNEY GENERAL
and FEDERAL BUREAU OF INVESTIGATION,
Defendants.
_________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on April 29, 2015 by Magistrate Judge David
R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the plaintiff’s
application to proceed in forma pauperis and dismiss the plaintiff’s complaint with prejudice under
28 U.S.C. § 1915(e)(2)(B). Although the report stated that the parties to this action could object to
and seek review of the recommendation within fourteen days of service of the report, 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 that
the Court dismiss the plaintiff’s complaint with prejudice [dkt. #5] is ADOPTED.

It is further ORDERED that the plaintiff’s complaint is DISMISSED WITH PREJUDICE.
If the plaintiff files any additional frivolous filings, the Court may issue an order restricting the
plaintiff’s ability to commence future civil actions in the Eastern District of Michigan.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: May 27, 2015

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 May 27, 2015
s/Susan Pinkowski
SUSAN PINKOWSKI

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