Hill v. White

Full title: SYLVESTER HILL, Plaintiff, v. WHITE, HUIZAR, and SCHOTT, Defendants.

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

Date published: Jan 19, 2022

No. 20-12335 (E.D. Mich. Jan. 19, 2022)

Opinion

20-12335

01-19-2022

SYLVESTER HILL, Plaintiff, v. WHITE, HUIZAR, and SCHOTT, Defendants.

DAVID M. LAWSON UNITED STATES DISTRICT JUDGE

Elizabeth A. Stafford Magistrate Judge

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, AND DISMISSING THE COMPLAINT

DAVID M. LAWSON UNITED STATES DISTRICT JUDGE

Presently before the Court is the report issued on December 20, 2021 by Magistrate Judge Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants' motion for summary judgment and deny the plaintiff's motion for default judgment. The Court sent a copy of the report and recommendation to the plaintiff at the address he provided when he filed his complaint. However, the report and recommendation was returned as undeliverable because the plaintiff failed to serve notice that this address had changed. ECF No. 34. The local rules of this District require the petitioner to maintain an updated address on the docket. E.D. Mich. LR 11.2 (“If there is a change in the contact information, that person promptly must file and serve a notice with the new contact information.”). A party's failure to file current contact information may result in sanctions including dismissal of his case. Ibid.

The deadline for filing objections to the magistrate's report has passed, and no objections have been filed. The plaintiff's failure to file objections to the report and recommendation 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 report releases the Court 1 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 report and recommendation (ECF No. 33) is ADOPTED.

It is further ORDERED that the defendants' motion for summary judgment (ECF No. 23) is GRANTED.

It is further ORDERED that the plaintiff's motion for default judgment (ECF No. 25) is DENIED.

It is further ORDERED that the complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE. 2