True Fitness, LLC et al v. Quantum Community Development Corporation et al
ORDER(1) Adopting the Recommendation Contained in the Magistrate Judge's Report and Recommendation Dated August 24, 2017 (Dkt. 26 ), and (2) Dismissing Plaintiff's Amended Complaint (Dkt. 5 ) Pursuant to Federal Rule of Civil Procedure 41(b). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-cv-11954
HON. MARK A. GOLDSMITH
(1) ADOPTING THE RECOMMENDATION CONTAINED IN THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION DATED AUGUST 24, 2017 (Dkt. 26),
AND (2) DISMISSING PLAINTIFF’S AMENDED COMPLAINT (Dkt. 5) PURSUANT
TO FEDERAL RULE OF CIVIL PROCEDURE 41(b)
This matter is presently before the Court on the Report and Recommendation (R&R) of
Magistrate Judge David R. Grand, issued on August 24, 2017 (Dkt. 26). In the R&R, the
Magistrate Judge recommends that this Court dismiss Plaintiff’s amended complaint (Dkt. 5).
The parties have not filed objections to the R&R, and the time to do so has expired. See
Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of
the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not
appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those findings.”);
Smith v. Detroit Fed’n of Teachers, 829 F.2d 1370, 1373-4 (6th Cir. 1987) (failure to file objection
to R&R “waived subsequent review of the matter”); Cephas v. Nash, 328 F.3d 98, 1078 (2d Cir.
2003) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.”); Lardie v. Birkett, 221 F. Supp. 2d
806, 807 (E.D. Mich. 2002) (“As to the parts of the report and recommendation to which no party
has objected, the Court need not conduct a review by any standard.”). There is some authority that
a district court is required to review the R&R for clear error, see Fed. R. Civ. P. 72 Advisory
Committee Note Subdivision (b) (“When no timely objection is filed, the court need only satisfy
itself that there is no clear error on the face of the record in order to accept the recommendation.”).
Therefore, the Court has reviewed the R&R for clear error. On the face of the record, the Court
finds no clear error and adopts the recommendation.
Accordingly, the Court adopts the recommendation contained in the Magistrate Judge’s
R&R (Dkt. 26) and dismisses Plaintiff’s amended complaint (Dkt. 5) pursuant to Federal Rule of
Civil Procedure 41(b).
Dated: September 26, 2017
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any
unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail
addresses disclosed on the Notice of Electronic Filing on September 26, 2017.
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