Opinion
Case Number 09-14919
06-06-2012
ESTATE OF JAMES C. WYATT, II, and LAYDELL WYATT, Plaintiffs, v. PATHWAY FINANCIAL and TROTT AND TROTT, P.C., Defendants.
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT TROTT & TROTT, P.C.'S MOTION TO DISMISS
AND DISMISSING AMENDED COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on May 18, 2012 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant defendant Trott & Trott, P.C.'s motion to dismiss and dismiss defendant Pathway Financial sua sponte. 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. #135] is ADOPTED.
It is further ORDERED that defendant Trott & Trott, P.C.'s motion to dismiss [dkt. #116] is GRANTED.
It is further ORDERED that the plaintiffs' amended complaint is 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 June 6, 2012.
Deborah R. Tofil
DEBORAH R. TOFIL