Jones v. McCormick et al
Filing
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ORDER (1) Accepting the Recommendation Contained in the Magistrate Judge's Report and Recommendation Dated April 20, 2016 (Dkt. 28 ); and (2) Granting Defendants' Motion to Dismiss (Dkt. 20 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIE JONES,
Plaintiff,
vs.
Case No. 15-cv-11694
HON. MARK A. GOLDSMITH
DAVID McCORMICK, et al.,
Defendants.
_________________________/
ORDER
(1) ACCEPTING THE RECOMMENDATION CONTAINED IN THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION DATED APRIL 20, 2016 (Dkt. 28);
AND (2) GRANTING DEFENDANTS’ MOTION TO DISMISS (Dkt. 20)
This matter is presently before the Court on the Report and Recommendation (R&R) of
Magistrate Judge Anthony P. Patti, issued April 20, 2016. In the R&R, the Magistrate Judge
recommends granting Plaintiff’s request to voluntarily dismiss his Equal Protection claim
pursuant to Federal Rule of Civil Procedure 41(a)(2); denying Plaintiff’s request to amend his
complaint to add a personal injury claim; and granting Defendants’ motion to dismiss. R&R at
19 (Dkt. 28).
The parties have not filed objections to the R&R, and the time to do so has expired. See
Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of
the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not
appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those
findings.”); Smith v. Detroit Fed’n of Teachers, 829 F.2d 1370, 1373-1374 (6th Cir. 1987)
(failure to file objection to R&R “waived subsequent review of the matter”); Cephas v. Nash,
328 F.3d 98, 108 (2d Cir. 2003) (“As a rule, a party’s failure to object to any purported error or
omission in a magistrate judge’s report waives further judicial review of the point.”); Lardie v.
Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (“As to the parts of the report and
recommendation to which no party has objected, the Court need not conduct a review by any
standard.”). However, there is some authority that a district court is required to review the R&R
for clear error. See Fed. R. Civ. P. 72 Advisory Committee Note Subdivision (b) (“When no
timely objection is filed, the court need only satisfy itself that there is no clear error on the face
of the record in order to accept the recommendation.”).
Therefore, the Court has reviewed the R&R for clear error. On the face of the record, the
Court finds no clear error and accepts the recommendation.
Accordingly, the Court grants Plaintiff’s request to voluntarily dismiss his Equal
Protection claim, see Pl. Resp. at 2; Plaintiff’s request to amend his complaint, id., is denied; and
Defendants’ motion to dismiss (Dkt. 20) is granted. Plaintiff’s complaint is dismissed with
prejudice, including his Equal Protection claim. See Fed. R. Civ. P. 41(a)(2).
SO ORDERED.
Dated: May 11, 2016
Detroit, Michigan
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and
any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on May 11, 2016.
s/Karri Sandusky
Case Manager
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