Opinion
20-10027
05-25-2022
KIWANE KOLIAYAH-CHAUND CANADA, Plaintiff, v. GINA M. and R. HEERING, Defendants.
Elizabeth A. Stafford, Magistrate Judge.
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION FOR SUMMARY JUDGMENT
DAVID M. LAWSON, United States District Judge.
Presently before the Court is the report issued on May 4, 2022 by Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b). The report recommends that the Court grant the defendant's motion for summary judgment because the plaintiff did not exhaust his administrative remedies. The deadline for filing objections to the report has passed, and no objections have been filed. The plaintiff's 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 report and recommendation (ECF No. 36) is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment (ECF No. 26) is GRANTED.
It is further ORDERED that the plaintiff's complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.