Opinion
CASE NO: 13-CV-11098
08-02-2013
ROOSEVELT MCCORMICK, Plaintiff, v. JANE DOES, et. al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TO
DENY PLAINTIFF'S [5] MOTION FOR SUMMARY JUDGMENT AS MOOT
On June 28, 2013, Magistrate Judge David R. Grand issued a Report and Recommendation in the above-captioned matter recommending that the court deny Plaintiff Roosevelt McCormick's motion for summary judgment as moot. No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.
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).
Having reviewed the file and the Report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Plaintiff's Motion for Summary Judgment [5] is DENIED as moot.
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 2, 2013, by electronic and/or ordinary mail.
Richard Loury for Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522