Merriweather v. United States Steel Corporation

Filing 47

ORDER Adopting 44 Report and Recommendation, Granting 31 Motion for Summary Judgment and Dismissing Complaint with Prejudice. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NEDRA MERRIWEATHER,
Plaintiff,

Case Number 18-10664
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

v.
UNITED STATES STEEL CORP.,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AND DISMISSING THE COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on July 19, 2019 by Magistrate Judge
Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the
defendant’s motion for summary judgment and dismiss the complaint with prejudice. The Court
previously granted the plaintiff’s motion to extend the time for filing objections to the report, but
the deadline for objecting now has long passed and the plaintiff has presented no opposition to the
recommendation. The parties’ 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 report and recommendation (ECF No. 44) is
ADOPTED, the defendant’s motion for summary judgment (ECF No. 31) is GRANTED, and the
complaint is DISMISSED WITH PREJUDICE.

Date: August 28, 2019

s/David M. Lawson
DAVID M. LAWSON
United States District Judge

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 August 28, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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