Hak v. Prisoner Health Services et al
Filing
30
ORDER Adopting the Report and Recommendation Contained in the Magistrate Judge's 28 Report and Recommendation Dated May 7, 2013 and Dismissing Defendant Stevens Sua Sponte. Signed by District Judge Mark A. Goldsmith. (Goltz, D)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALI HAK,
Plaintiff,
Civil Action No. 12-CV-10879
v.
HON. MARK A. GOLDSMITH
PRISONER HEALTH
SERVICES, et al.,
Defendants.
_______________________/
ORDER ADOPTING THE RECOMMENDATION CONTAINED IN THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION DATED MAY 7,
2013 (DKT. 28) and DISMISSING DEFENDANT STEVENS SUA SPONTE
This matter is presently before the Court on the Report and Recommendation (R&R)
of Magistrate Judge Charles E. Binder, issued on May 7, 2013. In the R&R, the Magistrate
Judge recommends the sua sponte dismissal of Defendant Rick Stevens.
The parties have not filed objections to the R&R, and the time to do so has expired.
See Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a
waiver of the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“It does not appear that Congress intended to require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither party
objects to those findings.”); Smith v. Detroit Fed’n of Teachers, 829 F.2d 1370, 1373-1374
(6th Cir. 1987) (failure to file objection to R&R “waived subsequent review of the matter”);
Cephas v. Nash, 328 F.3d 98, 1078 (2d Cir. 2003) (“As a rule, a party’s failure to object to
any purported error or omission in a magistrate judge’s report waives further judicial review
of the point.”); Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (“As to the
parts of the report and recommendation to which no party has objected, the Court need not
conduct a review by any standard.”). There is some authority that a district court is required
to review the R&R for clear error, see Fed. R. Civ. P. 72 Advisory Committee Note
Subdivision (b) (“When no timely objection is filed, the court need only satisfy itself that
there is no clear error on the face of the record in order to accept the recommendation.”).
Therefore, the Court has reviewed the R&R for clear error. On the face of the record, the
Court finds no clear error and adopts the recommendation.
Accordingly, the claims against Defendant Rick Stevens are dismissed.
SO ORDERED.
Dated: May 29, 2013
Flint, Michigan
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court's ECF System to their respective email or
First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on May 29, 2013.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager
2
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