Williams v. Friend of the Court et al

Filing 11

ORDER Adopting 8 Report and Recommendation and Dismissing the Complaint. Signed by District Judge David M. Lawson. (SPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARTINEZ WILLIAMS, Plaintiff, v. 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, Defendants. ___________________________________/ 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. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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