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)

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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 -2-

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