Opinion
Case Number 19-10582
06-25-2019
EDDIE L. DILLARD, Plaintiff, v. WAYNE COUNTY DISTRICT COURT, WAYNE COUNTY CIRCUIT COURT, IRMA J. CHENEVERT, NANCY M. BLOUNT, and TERRANCE K. BOYLE, Defendants.
Magistrate Judge David R. Grand ORDER ADOPTING REPORT AND RECOMMENDATION , DISMISSING COMPLAINT WITH PREJUDICE, AND DISMISSING MOTIONS AS MOOT
Presently before the Court is the report issued on June 4, 2019 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court sua sponte dismiss the complaint in its entirety for failure plausibly to state any actionable claim for relief. Although the report stated that the parties to this action could 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 report and recommendation (ECF No. 15) is ADOPTED and the complaint is DISMISSED WITH PREJUDICE.
It is further ORDERED that the plaintiff's "motion for settlement" (ECF No. 11) and request for attorney fees and costs (ECF No. 16) are DISMISSED as moot.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Date: June 25, 2019
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 June 25, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI