Opinion
Case Number 14-12180
08-24-2016
FRANK ANTHONY BAUSS, Plaintiff, v. MICHAEL WILDT and CHIP SNIDER, Defendants.
Magistrate Judge Mona K. Majzoub ORDER ADOPTING REPORT AND RECOMMENDATION , GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING REQUEST FOR ATTORNEY FEES, AND DISMISSING CASE
This matter is before the Court on the report issued on August 3, 2016 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants' motion for summary judgment, deny their request for attorney fees, and dismiss the case. 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. #18] is ADOPTED.
It is further ORDERED that the defendants' motion for summary judgment [dkt. #12] is GRANTED. The defendants' request for attorney fees is DENIED.
It is further ORDERED that the case is DISMISSED WITH PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: August 24, 2016
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 August 24, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI