Opinion
1:21-cv-13057
07-06-2023
SHRONDREY ARINGTON, Plaintiff, v. DEPALMA, Defendant.
Honorable Curtis Ivy Jr. United States Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING COMPLAINT WITH PREJUDICE, AND DENYING AS MOOT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
HONORABLE THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
On June 16, 2023, Magistrate Judge Curtis Ivy Jr., issued a report recommending that Plaintiff Shrondrey Arington's Complaint be dismissed with prejudice for failure to prosecute. ECF No. 34; see also FED. R. CIV. P. 41(b). Judge Ivy provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Morris's findings. See Berkshire v. Dahl, 928 F.3d 520, 530-31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the Report.
Accordingly, it is ORDERED that Judge Ivy's Report and Recommendation, ECF No. 34, is ADOPTED. Further, it is ORDERED that Plaintiff's Complaint, ECF No. 1, is DISMISSED WITH PREJUDICE. Further, it is ORDERED that Defendant's Motion for Summary Judgment, ECF No. 30, is DENIED AS MOOT.
This is a final order and closes the above-captioned case.