Waller v. Moore-Patton et al
Filing
65
ORDER Adopting 64 Report and Recommendation, and Denying 56 Motion to Dismiss filed. Signed by District Judge David M. Lawson. (SPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANIEL C. WALLER, JR.,
Plaintiff,
Case Number 15-13305
Honorable David M. Lawson
Magistrate Judge David R. Grand
v.
TIAVON MOORE-PATTON, RAMONA
VINCENT, MARIA ROSADO, BENJAMIN
QUANTA MiDOGE, CRINISHA HALL,
ANGELA CALLOWAY, and ROBERT CAIN
Defendants.
_______________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DENYING DEFENDANT’S MOTION TO DISMISS
Presently before the Court is the report issued on August 24, 2016 by Magistrate Judge
David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the defendant’s
motion to dismiss. 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 [dkt.
#64] is ADOPTED.
It is further ORDERED that the defendant’s motion to dismiss [dkt. #56] is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: September 13, 2016
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 September 13, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI
-2-
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