Bothuell v. Grace et al

Filing 24

OPINION & ORDER Adopting Report and Recommendation 23 and granting defts' 14 Motion to Dismiss. Case dismissed. Signed by District Judge Nancy G. Edmunds. (CBet)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLIE BOTHUELL, IV, Case No. 16-11009 Plaintiff, Honorable Nancy G. Edmunds v. NANCY GRACE, et al., Defendants. / OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [23] In a report and recommendation ("R&R") issued on February 16, 2017 (Dkt. 23), Magistrate Judge Stephanie Dawkins Davis recommends that the Court grant Defendants' motion to dismiss. (Dkt. 14.) Neither party has filed objections to the R&R, and the deadline for doing so has passed. The parties' failure to file objections to the R&R waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Furthermore, the failure to object to the R&R releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Nonetheless, having reviewed the R&R, the underlying motion, and the record, the Court concurs with the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the Magistrate Judge's R&R. Therefore, it is hereby ordered that Defendants' motion to dismiss is GRANTED. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: March 6, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 6, 2017, by electronic and/or ordinary mail. s/Carol J. Bethel Case Manager 2

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