Anderson v. Jutzy et al

Filing 59

ORDER Adopting 58 Report and Recommendation, and Dismissing the Plaintiff's Complaint Without Prejudice. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANDERSON,
Plaintiff,
v.

Case Number 15-11727
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

KEVIN ALLEN JUTZY, M.D., RAUL
TUMNADA, P.A., and BADAWI
ABELLATIF, M.D.,
Defendants.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION, AND
DISMISSING THE PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on July 25, 2017 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the plaintiff’s
complaint without prejudice against defendant Kevin Allen Jutzy, M.D. for failure to serve him with
process. Defendant Jutzy is the only remaining defendant in this case. 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.
#58] is ADOPTED.

It is further ORDERED that the plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 15, 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 August 15, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI

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