Opinion
Case No. 06-12273.
October 30, 2006
OPINION AND ORDER
Plaintiff Derrick Luster initiated this lawsuit on May 18, 2006, alleging that his constitutional rights were violated when he was arrested on April 12, 2006. All of the Defendants, except Defendant Nagel who this Court now has dismissed due to lack of service by Plaintiff, have filed an answer to Plaintiff's complaint. On July 24, 2006, Plaintiff filed a motion for summary judgment, which this Court referred to Magistrate Judge Steven D. Pepe.
On September 26, 2006, Magistrate Judge Pepe filed his Report and Recommendation (RR) recommending that this Court deny Plaintiff's motion for summary judgment. Magistrate Judge Pepe concludes that, despite Defendants' failure to respond to the motion, Plaintiff fails to demonstrate an absence of a genuine issue of material fact and that he is entitled to judgment as a matter of law. At the conclusion of the RR, Magistrate Judge Pepe advises the parties that they may object and seek review of the RR within ten days of service upon them. (RR at 5.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." ( Id.) Neither party filed objections to the RR.
The Court has carefully reviewed the RR and concurs with the conclusions reached by Magistrate Judge Pepe.
Accordingly,
IT IS ORDERED, that Plaintiff's motion for summary judgment is DENIED.