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)

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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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