Sherman v. United States of America et al

Filing 20

ORDER Adopting 19 Report and Recommendation, Granting 12 Motion for Summary Judgment and Dismissing Complaint With Prejudice. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICARDO SHERMAN,
Plaintiff,
v.

Case Number 15-13837
District Judge David M. Lawson
Magistrate Judge R. Steven Whalen

UNITED STATES OF AMERICA and
UNITED STATES DEPARTMENT OF
EDUCATION,
Defendants.
_____________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT,
AND DISMISSING COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on August 7, 2017 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants’
motion for summary judgment. 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.
#19] is ADOPTED.
It is further ORDERED that the defendants’ motion for summary judgment [dkt. #12] is
GRANTED.

It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 28, 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 28, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI

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