Opinion
Case Number 09-10933
09-18-2012
TOMMY HALL, Plaintiff, v. RAWAL, Defendant.
Honorable David M. Lawson
Magistrate Judge Mark A. Randon
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND DISMISSING COMPLAINT
Presently before the Court is a report issued on July 31, 2012 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b) recommending that this Court dismiss the plaintiff's complaint with respect to defendant Rawal, the only defendant remaining in the case. Although the magistrate judge's reports 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 reports and recommendations 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 reports 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. #161] is ADOPTED.
It is further ORDERED that the plaintiff's claims against defendant Rawal are DISMISSED.
_________________
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 September 18, 2012.
Deborah R. Tofil
DEBORAH R. TOFIL