Rogers v. Green
ORDER Adopting Report and Recommendation, Dismissing Case for Failure to Prosecute and Dismissing 13 Motion to Dismiss as Moot. Signed by District Judge David M. Lawson. (SPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number 16-10532
Honorable David M. Lawson
Magistrate Judge Stephanie Dawkins Davis
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE FOR FAILURE TO PROSECUTE
This matter is before the Court on the report issued on January 11, 2017 by Magistrate Judge
Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the
case sua sponte for want of subject matter jurisdiction, under the authority of Federal Rule of Civil
Procedure 12(b)(1), or, in the alternative, for failure to prosecute under Rule 41(b). Although the
magistrate judge’s report explicitly stated that the parties to this action may 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.
#18] is ADOPTED.
It is further ORDERED that the case is DISMISSED for failure to prosecute under Federal
Rule of Civil Procedure 41(b).
It is further ORDERED that the defendant’s motion to dismiss [dkt. #13] is DISMISSED
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: February 14, 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 February 14, 2017.
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