Opinion
Case Number 07-14801.
May 11, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
Presently before the Court is the report issued on February 19, 2009, by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b) recommending that this Court grant the defendants' motion to dismiss. The plaintiff requested an additional sixty days to file objections to the magistrate judge's report, which the Court granted in an order on March 9, 2009. The Court allowed the plaintiff to file objections on or before May 8, 2009. However, no objections have been filed. The parties' failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Federation 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 motion. 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 # 32] is ADOPTED.
It is further ORDERED that the defendants' motion to dismiss [#24] is GRANTED.
It is further ORDERED that the complaint is DISMISSED.