Opinion
Case Number 18-12733
03-04-2019
CORINA MICHELLE NICHOLSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Anthony P. Patti ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
Presently before the Court is the report issued on February 13, 2019 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the case under Federal Rule of Civil Procedure 41(b) and Eastern District of Michigan Local Rule 41.2 because the plaintiff did not show cause why this case should not be dismissed for failure to prosecute. Although the magistrate judge's report 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. 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 (ECF No. 11) is ADOPTED.
It is further ORDERED that the complaint is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Date: March 4, 2019
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 4, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI