Hill v. Winn et al

Filing 35

ORDER Adopting 33 Report and Recommendation, Granting 23 Motion for Summary Judgment, Denying 25 Motion for Default Judgment and Dismissing Complaint. Signed by District Judge David M. Lawson. (SPin)

Case 2:20-cv-12335-DML-EAS ECF No. 35, PageID.157 Filed 01/19/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SYLVESTER HILL,
Plaintiff,

Case Number 20-12335
Honorable David M. Lawson
Magistrate Judge Elizabeth A. Stafford

v.
WHITE, HUIZAR, and SCHOTT,
Defendants.
________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT,
DENYING THE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT,
AND DISMISSING THE COMPLAINT
Presently before the Court is the report issued on December 20, 2021 by Magistrate Judge
Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the
defendants’ motion for summary judgment and deny the plaintiff’s motion for default judgment.
The Court sent a copy of the report and recommendation to the plaintiff at the address he provided
when he filed his complaint.

However, the report and recommendation was returned as

undeliverable because the plaintiff failed to serve notice that this address had changed. ECF No.
34. The local rules of this District require the petitioner to maintain an updated address on the
docket. E.D. Mich. LR 11.2 (“If there is a change in the contact information, that person promptly
must file and serve a notice with the new contact information.”). A party’s failure to file current
contact information may result in sanctions including dismissal of his case. Ibid.
The deadline for filing objections to the magistrate’s report has passed, and no objections
have been filed. 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

Case 2:20-cv-12335-DML-EAS ECF No. 35, PageID.158 Filed 01/19/22 Page 2 of 2

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. 33) is
ADOPTED.
It is further ORDERED that the defendants’ motion for summary judgment (ECF No. 23)
is GRANTED.
It is further ORDERED that the plaintiff’s motion for default judgment (ECF No. 25) is
DENIED.
It is further ORDERED that the complaint (ECF No. 1) is DISMISSED WITHOUT
PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: January 19, 2022

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