Opinion
Case No. 17-10708
12-12-2017
MARK ADAMS, Plaintiff, v. DAVE DUFFETT, and JEFF ROBERTS Defendants.
Magistrate Judge Patricia T. Morris ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE
On November 8, 2017, Plaintiff was ordered to show cause why this case should not be dismissed for failure to prosecute. ECF No. 16. Plaintiff was directed to respond to the show cause order by November 22, 2017. Id. On November 27, 2017, Magistrate Judge Patricia T. Morris issued a report and recommendation. ECF No. 17. Judge Morris notes that Plaintiff has not served or attempted to serve any of the Defendants, nor has Plaintiff responded to the show cause order. Id. at 2.
Although the magistrate judge's report explicitly states that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither party has filed any objections. The election not to file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal. Id.
Accordingly, it is ORDERED that Judge Morris's report and recommendation, ECF No. 17, is ADOPTED.
It is further ORDERED that Plaintiff's amended complaint, ECF No. 7, is DISMISSED for failure to prosecute.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge Dated: December 12, 2017
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 December 12, 2017.
s/Kelly Winslow
KELLY WINSLOW, Case Manager