Herbert v. Resident Unit Officer Roark

Full title: DAVID HERBERT, Plaintiff, v. RESIDENT UNIT OFFICER ROARK, RESIDENT UNIT…

Court: United States District Court, E.D. Michigan, Northern Division

Date published: Sep 20, 2005

Civil No. 05-10161-BC (E.D. Mich. Sep. 20, 2005)

Opinion

Civil No. 05-10161-BC.

September 20, 2005

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DISMISSING CASE, AND DENYING PLAINTIFF'S MOTIONS AS MOOT

DAVID LAWSON, District Judge

This matter is before the Court on the magistrate judge's recommendation that the case be sua sponte dismissed without prejudice. The case was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b). The magistrate judge issued his report on August 16, 2005, recommending that this Court dismiss the case for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The plaintiff filed a document titled "Amended Motion" [dkt # 14], which contained objections to the magistrate judge's report. The objections were stricken for failure to comply with local rules, and the plaintiff failed to re-file objections that conformed with the rules. However, in the objections, the plaintiff acknowledged that he has not exhausted his administrative remedies: "I am in the process of clarifying all complaints and pursuing further administrative steps II and steps III for response of record."

The plaintiff's failure to properly file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Federation 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 motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge. In addition, even if the information contained in the objections were to be considered, it does not provide a basis for rejecting the recommendation of the magistrate judge.

Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 12] is ADOPTED, and the plaintiff's case is DISMISSED.

It is further ORDERED that the plaintiff's motion to proceed in forma pauperis [dkt # 6], motion for immediate transfer [dkt # 9], and motion of continuity [dkt # 11] are DENIED as moot.