Opinion
21-CV-11365
11-10-2022
DOUGLAS RALPH GARREN, Plaintiff, v. CORIZON HEALTH CARE and SARITHRI KAKAITI, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE
This matter was referred to United States Magistrate Anthony P. Patti pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his report filed on October 11, 2022, the magistrate judge recommended that this court dismiss Plaintiff's complaint consistent with Fed.R.Civ.P.41, which action would also extinguish Defendants' pending motion for summary judgment [Dkt #20]. No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).
The Court ADOPTS the Report and Recommendation for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Plaintiff's complaint is DISMISSED for failure to prosecute consistent with Rule 41(b). Defendants' motion for summary judgment [Dkt #20] is TERMINATED AS MOOT.