Opinion
1:22-cv-12049
10-12-2022
Honorable Patricia T. Morris United States Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING PLAINTIFF'S COMPLAINT WITH PREJUDICE, AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AS MOOT
THOMAS L. LUDINGTON United States District Judge
This matter is before this Court upon Magistrate Judge Patricia T. Morris's Report and Recommendation (R&R) recommending that the undersigned sua sponte dismiss Plaintiff's Complaint under 28 U.S.C. § 1915(e)(2)(B) because he has not stated a claim upon which relief could be granted, ECF No. 6 at PageID.27-29.
Although the R&R states that Plaintiff could object to and seek review of the R&R within 14 days of service, Plaintiff did not file any objections. Rather, the next day, he filed a “civil witness list,” ECF No. 8, and a motion for a preliminary injunction against Defendant, ECF No. 9. He has therefore waived his right to appeal Judge Morris's findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Magistrate Judge Morris's Report and Recommendation, ECF No. 6, is ADOPTED.
Further, it is ORDERED that Plaintiff's Complaint, ECF No. 1, is DISMISSED WITH PREJUDICE.
Further, it is ORDERED that Plaintiff's Ex Parte Motion for Immediate Consideration for an Order for Defendant to Permanently Cease and Desist, ECF No. 9, is DENIED AS MOOT.
This is a final order and closes the above-captioned case.