Opinion
CASE NO: 18-CV-12844
09-16-2019
RONALD RENE GARRETT, Plaintiff, v. CORRECTION OFFICER SGT. SEARFOSS and FOOD DIRECTOR ELIZALDE OF TRINITY ASSN Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
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 August 23, 2019, the magistrate judge recommended that this court dismiss Plaintiff's claims against Defendant Food Service Director Elizalde of Trinity Assn. without prejudice for failure to comply with Fed.R.Civ.P.4 and for Plaintiff's failure to show cause.
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, Defendant Food Service Director Elizalde of Trinity Assn. Is DISMISSED WITHOUT PREJUDICE.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE Dated: September 16, 2019 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, September 16, 2019, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522