Gilliam v. Ordiway et al

Filing 32

MEMORANDUM OPINION and ORDER Adopting Magistrate Judge's 31 Report and Recommendation and Changing Venue to the U.S. District Court for the Eastern District of Michigan, Bay City - Signed by District Judge Judith E. Levy. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Jerry Gilliam,
Plaintiff,
v.

Case No. 15-cv-11833
Hon. Judith E. Levy
Mag. Judge Mona K. Majzoub

William H. Ordiway, Jr., and
Marveilyn Talisic Ordiway,
Defendants.
________________________________/
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION [31] AND CHANGING
VENUE TO THE U.S. DISTRICT COURT FOR THE EASTERN
DISTRICT OF MICHIGAN, BAY CITY
On February 12, 2016, the Magistrate Judge filed her Report and
Recommendation, recommending that the Court grant defendants’
Motion for Change of Venue to Bay City Court (Dkt. 12) and deny
plaintiff’s Motion for Default Judgment (Dkt 25). (See Dkt. 31.)
No party filed objections to the Report and Recommendation, and
the time for doing so has expired. See 28 U.S.C. § 636(b)(1)(C); Fed. R.
Civ.

P.

72(b)(2).

The

failure

to

object

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). The
failure to object also relieves this Court from its duty to review this
matter independently. Thomas v. Arn, 474 U.S. 140, 149 (1985). The
Court

has

nonetheless

thoroughly

reviewed

the

Report

and

Recommendation and relevant parts of the record, and agrees with the
analysis and conclusions of the Magistrate Judge.
Accordingly,
The Magistrate Judge’s Report and Recommendation is adopted.
Defendants’ Motion for Change of Venue to Bay City Court (Dkt. 12), is
granted, and plaintiff’s Motion for Default Judgment (Dkt 25), is
denied.

The case is transferred to the U.S. District Court for the

Eastern District of Michigan, Bay City.
IT IS SO ORDERED.

Dated: March 22, 2016
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
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
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ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on March 22, 2016.

s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

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