Herron v. Ditchman et al

Filing 22

ORDER (1) Granting Defendant Balian's 17 Motion to Dismiss for Failure to Serve Pursuant to Federal Rule of Civil Procedure 4(m) and (2) Dismissing the Claims Against Defendant Balian Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHAWN MICHAEL HERRON II,
Plaintiff,

Case No. 17-cv-10091
Hon. Matthew F. Leitman

v.
GARY BALIAN, et al.,
Defendants.
_________________________________/
ORDER (1) GRANTING DEFENDANT BALIAN’S MOTION TO DISMISS
FOR FAILURE TO SERVE PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 4(m) (ECF #17) AND (2) DISMISSING THE CLAIMS
AGAINST DEFENDANT BALIAN WITHOUT PREJUDICE
On January 11, 2017, Plaintiff Shawn Michael Herron II brought this action
against Defendants Gary Balian, John Ditchman, and Dan Wilkinson. Now before
the Court is Defendant Balian’s Motion to Dismiss for Failure to Serve Pursuant to
Federal Rule of Civil Procedure 4(m) (the “Motion”). (See ECF #17.)
On July 31, 2017, the assigned Magistrate Judge issued a Report and
Recommendation recommending that the Court grant the Motion and dismiss
Herron’s claims against Balian without prejudice (the “R&R”). (See ECF #20.) At
the conclusion of the R&R, the Magistrate Judge informed the parties that if they
wanted to seek review of her recommendation, they needed to file specific
objections with the Court within fourteen days. (See id. at Pg. ID 151-52.)

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Herron has not filed any objections to the R&R.

The failure to file

objections to an R&R waives any further right to appeal. See Howard v. Sec'y of
Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of
Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to
object to an R&R releases the Court from its duty to independently review the
matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, because Herron has failed to file any objections to the R&R,
IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant
the Motion is ADOPTED.
IT IS FURTHER ORDERED that (1) Balian’s Motion to Dismiss for
Failure to Serve Pursuant to Federal Rule of Civil Procedure 4(m) (ECF #17) is
GRANTED and (2) the claims against Balian are DISMISSED WITHOUT
PREJUDICE.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: September 6, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 6, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]
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