Opinion
Case Number 13-10098
2013-09-17
ANTOINETTE AUSTIN, Plaintiff, v. ART CENTER TOWN AND CARRIAGE HOMES NORTH, LLC, JOEL S. WEBER, LOFT WAREHOUSE, SOBRA MENDOTTA, LEE GORDON, BANK OF AMERICA, N.A., ALICE GIBSON, and SECURITIES EXCHANGE COMMISSION, Defendants.
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND DISMISSING ALL CLAIMS AGAINST
DEFENDANTS ART CENTER TOWN AND CARRIAGE HOMES NORTH, LLC,
JOEL S. WEBER, LOFT WAREHOUSE, AND SOBRA MENDOTTA ONLY
Presently before the Court is the report issued on August 29, 2013 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss as frivolous the plaintiff's claims against defendants Art Center Town and Carriage Homes North, LLC, Joel S. Weber, Loft Warehouse, and Sobra Mendotta. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n 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 matter. 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. #16] is ADOPTED.
It is further ORDERED that the defendants' motion to dismiss [dkt. #6] is GRANTED.
It is further ORDERED that the plaintiff's claims against defendants Art Center Town and Carriage Homes North, LLC, Joel S. Weber, Loft Warehouse, and Sobra Mendotta ONLY are DISMISSED WITH PREJUDICE.
________________________
DAVID M. LAWSON
United States District Judge
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 September 17, 2013.