Thurmond v. Southfield, City of et al

Filing 126

ORDER Adopting 122 Report and Recommendation and Dismissing Northland Center Michigan without prejudice. Signed by District Judge Laurie J. Michelson. (JJoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAWAN PIERCE THURMOND,
Plaintiff,
v.

Case No. 15-cv-13167
Honorable Laurie J. Michelson
Magistrate Judge R. Steven Whalen

CITY OF SOUTHFIELD, et al,
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION [122] AND DISMISSING
DEFENDANT NORTHLAND CENTER MICHIGAN, LLC WITHOUT PREJUDICE
Before the Court is Executive Magistrate Judge R. Steven Whalen’s Report and
Recommendation to dismiss Defendant Northland Center Michigan, LLC without prejudice.
(Dkt. 122.) At the conclusion of his Report and Recommendation, the magistrate judge notified
Plaintiff Dawan Pierce Thurmond that he was required to file any objections within fourteen
days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Eastern District of
Michigan Local Rule 72.1(d), and that “[f]ailure to file specific objections constitutes a waiver of
any further right of appeal.” (Report & Recommendation at 4.) No objections were filed.
In United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981), the Sixth Circuit
established a rule of procedural default, holding that “a party shall file objections with the district
court or else waive right to appeal” and that “a party shall be informed by the magistrate [judge]
that objections must be filed within ten days or further appeal is waived.” In Thomas v. Arn, 474
U.S. 140, 144 (1985), the Supreme Court held that this rule violates neither the Federal
Magistrates Act nor the federal constitution. Thus, the Court finds that Mr. Thurmond’s failure to
object is a procedural default, waiving review of the magistrate judge’s findings by this Court.

See Thomas, 474 U.S. at 149 (explaining that Sixth Circuit’s waiver-of-appellate-review rule
rested on the assumption “that the failure to object may constitute a procedural default waiving
review even at the district court level”); Garrison v. Equifax Info. Servs., LLC, No. 10-13990,
2012 WL 1278044, at *8 (E.D. Mich. Apr. 16, 2012) (“The Court is not obligated to review the
portions of the report to which no objection was made.” (citing Thomas, 474 U.S. at 149–52)).
The Court therefore finds that Mr. Thurmond has waived further review of the Report
and accepts the magistrate judge’s recommended disposition. It follows that Defendant
Northland Center Michigan, LLC is DISMISSED WITHOUT PREJUDICE.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: May 24, 2016

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the attorneys
and/or parties of record by electronic means or U.S. Mail on May 24, 2016.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson

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