Opinion
Case No. 16-13639
08-02-2017
EARL C. GRAY, Plaintiff, v. CORRECTIONS OFFICER KING, Defendant.
OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [19]
In a report and recommendation ("R&R") issued on July 14, 2017 (Dkt. 19), Magistrate Judge Mona K. Majzoub recommends that this Court deny Defendant's motion to dismiss. (Dkt. 8.) Neither party has filed objections to the R&R, and the deadline for doing so has passed. The parties' failure to file objections to the R&R waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Furthermore, the failure to object to the R&R releases this Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Nonetheless, having reviewed the R&R, the underlying motion, and the record, this Court concurs with the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the Magistrate Judge's R&R.
Therefore, it is hereby ordered that Defendant's motion to dismiss is DENIED.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge Dated: August 2, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 2, 2017, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager