Opinion
Civil Action 2:13-cv-1085
01-16-2014
Judge Marbley
Magistrate Judge King
REPORT AND RECOMMENDATION
Plaintiff reported that this case had been settled, Notice of Settlement, Doc. No. 6, and the Court expected the dismissal of the action by January 10, 2014. Order, Doc. No. 7. On January 13, 2014, when the case remained pending, the Court ordered plaintiff to report on the status of this case by January 15, 2014. Order, Doc. No. 8. Plaintiff was also expressly advised that her failure to respond to that order could result in the dismissal of the action for failure to prosecute. Id. There has nevertheless been no response to the order. It therefore appears that plaintiff has abandoned the prosecution of this case.
It is therefore RECOMMENDED that this case be dismissed for failure to prosecute.
If any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Response to objections must be filed within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b).
The parties are specifically advised that failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and of the right to appeal the decision of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed'n of Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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Norah McCann King
United States Magistrate Judge