Nixon v. General Motors Corporation

Filing 22

ORDER Adopting 20 Report and Recommendation Granting 19 Motion to Dismiss, Dismissing as Moot 14 Report and Recommendation, and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACY NIXON,
Plaintiff,

Case Number 18-12118
Honorable David M. Lawson
Magistrate Judge David R. Grand

v.
GENERAL MOTORS CORPORATION,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT
Presently before the Court is the report issued on October 30, 2018 by Magistrate Judge
David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendant’s
motion to dismiss because the complaint fails to state any plausible claim for relief and the plaintiff
has not completed service of process within the time allowed by Federal Rule of Civil Procedure
4(m). Although the report stated that the parties to this action could object to and seek review of
the recommendation within fourteen days of service of the report, no objections have been filed
thus far. 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. 20) is
ADOPTED, the defendant’s motion to dismiss (ECF No. 19) is GRANTED, and the complaint
is DISMISSED WITH PREJUDICE.

It is further ORDERED that the previously issued report and recommendation (ECF No.
14) is DISMISSED as moot.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: November 28, 2018
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 November 28, 2018.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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