Williams v. Friend of the Court et al
ORDER Adopting 8 Report and Recommendation and Dismissing the Complaint. Signed by District Judge David M. Lawson. (SPin)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case Number 16-12888
Honorable David M. Lawson
Magistrate Judge Stephanie Dawkins Davis
WAYNE COUNTY FRIEND OF THE
COURT, KATHLEEN M. MCCARTHY,
SHELLY A.M. PAYNE, WAYNE
COUNTY SHERIFF, and DEPARTMENT
OF HEALTH AND HUMAN SERVICES,
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT
This matter is before the Court on the report issued on July 14, 2017 by Magistrate Judge
Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court sua sponte
dismiss the complaint for failure to set forth any plausible claim for relief. The magistrate judge’s
report explicitly stated that the parties to this action could object to and seek review of the
recommendation within fourteen days of service of the report, and the Court later extended the time
for filing objections at the plaintiff’s request. However, no objections have been filed, and the time
for filing them has lapsed. The plaintiff’s 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.
#8] is ADOPTED.
It is further ORDERED that all of the plaintiffs’ federal claims are DISMISSED WITH
PREJUDICE, and all of his state law claims are DISMISSED without prejudice.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: September 6, 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 September 6, 2017.
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