Anderson v. Jutzy et al
ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS BADAWI ABELLATIF AND RAUL TUMADA. Signed by District Judge David M. Lawson. (SSch)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number 15-11727
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen
KEVIN ALLEN JUTZY, M.D., RAUL
TUMNADA, P.A., and BADAWI
ORDER ADOPTING REPORT AND RECOMMENDATION, AND
GRANTING MOTION FOR SUMMARY JUDGMENT BY
DEFENDANTS BADAWI ABELLATIF AND RAUL TUMADA
Presently before the Court is the report issued on February 2, 2017 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court construe the motion
to dismiss by defendants Badawi Abellatif and Raul Tumada as one for summary judgment, that the
Court should grant it, and that Abellatif and Tumada be dismissed without prejudice. Although 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, 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.
#50] is ADOPTED.
It is further ORDERED that the motion to dismiss by defendants Badawi Abellatif and Raul
Tumada [dkt. #34] is construed as one for summary judgment and is GRANTED. The claims
against defendants Badawi Abellatif and Raul Tumada are DISMISSED WITHOUT
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: February 22, 2017
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 February 22, 2017.
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