Opinion
Case Number 12-15508
03-12-2013
LAVITO HOLMES, Plaintiff, v. SIDNEY BARTHWELL, RONALD L. HAYWOOD, AMY SLAMEKA, and A. SMITH, Defendants.
Honorable David M. Lawson
Magistrate Judge Laurie J. Michelson
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND DISMISSING CLAIMS AGAINST
DEFENDANT SIDNEY BARTHWELL ONLY
This matter is before the Court on the report issued February 20, 2013 by Magistrate Judge Laurie J. Michelson pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant Sidney Barthwell's motion to dismiss and dismiss all claims against him. Although the report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service, no objections have been filed thus far. The parties' 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 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. #7] is ADOPTED.
It is further ORDERED that defendant Sidney Barthwell's motion to dismiss [dkt. #3] is GRANTED.
It is further ORDERED that all claims against defendant Sidney Barthwell ONLY are DISMISSED WITH PREJUDICE.
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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 March 12, 2013.
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DEBORAH R. TOFIL