Jones v. U.S. Dep't of Educ.

Full title: SHARON DENISE JONES, Plaintiff, v. U.S. DEPARTMENT OF EDUCATION, WAYNE…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Jan 26, 2016

Case Number 15-10171 (E.D. Mich. Jan. 26, 2016)

Opinion

Case Number 15-10171

01-26-2016

SHARON DENISE JONES, Plaintiff, v. U.S. DEPARTMENT OF EDUCATION, WAYNE STATE UNIVERSITY, PIONEER CREDIT RECOVERY, INC., APRIL EWING-MILES, and ARNE DUNCAN, Defendants.

Honorable David M. Lawson

Magistrate Judge Anthony P. Patti ORDER ADOPTING REPORT AND RECOMMENDATION , DENYING DEFENDANT PIONEER CREDIT RECOVERY, INC.'S MOTION TO DISMISS [DKT. #9] AND DEFENDANTS WAYNE STATE UNIVERSITY AND APRIL EWING-MILES'S MOTION TO DISMISS [DKT. #11]

Presently before the Court is the report issued on January 8, 2016 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court deny defendant Pioneer Credit Recovery, Inc.'s motion to dismiss, and defendants Wayne State University and April Ewing-Miles's motion to dismiss. Although the magistrate judge's report 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 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. #24] is ADOPTED.

It is further ORDERED that defendant Pioneer Credit Recovery, Inc.'s motion to dismiss [dkt. #9] is DENIED WITHOUT PREJUDICE.

It is further ORDERED that defendants Wayne State University and April Ewing-Miles's motion to dismiss [dkt. #11] is DENIED WITHOUT PREJUDICE.

It is further ORDERED that if the plaintiff desires to file an amended complaint, then she must do so on or before February 9, 2016.

s/David M. Lawson

DAVID M. LAWSON

United States District Judge Dated: January 26, 2016

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 January 26, 2016.

s/Susan Pinkowski

SUSAN PINKOWSKI