Opinion
Case Number 15-12867
12-18-2018
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING MOTION FOR SUMMARY JUDGMENT
Presently before the Court is the report issued on November 29, 2018 by Magistrate Judge Mona K. Majzoub pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the defendants' second motion for summary judgment. 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 magistrate judge's report and recommendation (ECF No. 107) is ADOPTED.
It is further ORDERED that the defendants' motion for summary judgment (ECF No. 92) is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Date: December 18, 2018
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 December 18, 2018.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI