Opinion
Case Number 13-11620
03-03-2016
GARY MITCHELL, Plaintiff, v. JERRY CLAYTON, MARK PTASZEK, SHERRY WOODS, LIEUTENANT CASEY, COMMANDER KUNNUTH, LIEUTENANT GREENFIELD, SERGEANT GARCIA, SERGEANT WILLIAMS, SERGEANT WEZNER, CARLA WILSON, JANE DOE, JOHN DOE, SERGEANT REISS, and SERGEANT ARNETT, Defendants.
Magistrate Judge Elizabeth A. Stafford ORDER ADOPTING REPORT AND RECOMMENDATION , GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DISMISSING COMPLAINT
Presently before the Court is the report issued on February 10, 2016 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 dismiss the complaint with prejudice. 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. #61] is ADOPTED.
It is further ORDERED that the defendants' motion for summary judgment [dkt. #52] is GRANTED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: March 3, 2016
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 3, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI