Mengel v. White et al

Filing 14

OPINION AND ORDER Adopting Report and Recommendation 13 to Dismiss Plaintiff's Lawsuit for Failure to Prosecute. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PETER MENGEL,
Plaintiff,

CASE NO. 17-12614
HON. DENISE PAGE HOOD

v.
THOMAS WHITE, et al.,
Defendants.
/

OPINION AND ORDER ADOPTING REPORT AND
RECOMMENDATION [#13] TO DISMISS PLAINTIFF’S
LAWSUIT FOR FAILURE TO PROSECUTE

I.

BACKGROUND
This matter is before the Court on a Report and Recommendation (Doc # 13)

filed by Magistrate Judge Elizabeth A. Stafford to dismiss Plaintiff Peter Mengel’s
(“Mengel”) lawsuit against Defendants Thomas White (“White”) and Marcia
Sorenson (“Sorenson”) for Mengel’s failure to prosecute. (Doc # 13) To date,
Plaintiff Mengel has not filed objections to the Report and Recommendation and the
time to file such has passed. The Court ACCEPTS and ADOPTS the Report and
Recommendation, and DISMISSES this lawsuit.
The background facts of this matter are adequately set forth in the Magistrate
Judge’s Report and Recommendation, and the Court adopts them here.
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II.

ANALYSIS
A.

Standard of Review

The standard of review by the district court when examining a Report and
Recommendation is set forth in 28 U.S.C. § 636. This Court “shall make a de novo
determination of those portions of the report or the specified proposed findings or
recommendations to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). The
court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id. In order to preserve the right
to appeal the magistrate judge’s recommendation, a party must file objections to the
Report and Recommendation within fourteen (14) days of service of the Report and
Recommendation. Fed. R. Civ. P. 72(b)(2). Failure to file specific objections
constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140,
155 (1985); Howard v. Sec’y of Health & Human Servs., 932 F.2d 505, 508-09 (6th
Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
The involuntary dismissal standard pursuant to Fed. R. Civ. P. 41(b) for failure
to prosecute is adequately set forth in the Magistrate Judge’s Report and
Recommendation, and the Court adopts it here.
After review of the Magistrate Judge’s Report and Recommendation, the
Court finds that her findings and conclusions are correct. The Court agrees with the

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Magistrate Judge that Mengel has willfully failed to comply with the requirements
of the Court, and has effectively abandoned his case.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Elizabeth A. Stafford’s
Report and Recommendation (Doc # 13) is ACCEPTED and ADOPTED as this
Court’s findings of fact and conclusions of law.
IT IS FURTHER ORDERED that this lawsuit is DISMISSED WITH
PREJUDICE.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: August 16, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of record on
August 16, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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