Wittman #799434 v. Reaume et al

Filing 36

ORDER adopting 35 Report and Recommendation and transferring cas to the Western District of Michigan. Signed by District Judge David M. Lawson. (DPer) [Transferred from Michigan Eastern on 3/11/2015.]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN WITTMAN,
Plaintiff,
v.

Case Number 14-12954
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

ROSEMARY REAUME, R. DAVONPORT,
RICK RAYMOND, CORIZON HEALTH,
INC., DANIEL H. HEYNS, and THOMAS
R. COMBS,
Defendants.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND
TRANSFERRING CASE TO THE UNITED STATES
DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
Presently before the Court is the report issued on February 19, 2015 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the motions to
transfer venue filed by the defendants and transfer the case to the Western District of Michigan.
Although the magistrate judge’s report explicitly stated that the parties to this action may 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 magistrate judge’s report and recommendation [dkt.
#35] is ADOPTED.

It is further ORDERED that the defendants’ motions to dismiss or in the alternative to
transfer venue [dkt. #5, 19] are GRANTED IN PART. The Clerk of the Court shall TRANSFER
this case to the United States District Court for the Western District of Michigan. The motions are
DENIED in all other respects.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: March 10, 2015
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 March 10, 2015.
s/Susan Pinkowski
SUSAN PINKOWSKI

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