Peoples v. Saginaw Public Schools

Full title: LASHARDA PEOPLES, as mother and guardian of C.R., Plaintiff, v. SAGINAW…

Court: United States District Court, E.D. Michigan, Northern Division

Date published: May 15, 2007

Case Number 05-10316-BC (E.D. Mich. May. 15, 2007)

Opinion

Case Number 05-10316-BC.

May 15, 2007

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANTS SAGINAW PUBLIC SCHOOLS AND CHERYL HATTON'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING ALL CLAIMS AS TO THOSE TWO DEFENDANTS

THOMAS LUDINGTON, District Judge

This matter is before the Court on a report issued by Magistrate Judge Charles E. Binder on April 25, 2007 recommending that the defendant Saginaw Public Schools and Cheryl Hatton's motion for summary judgment be granted and that all claims against those defendants be dismissed. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, no objections have been filed. The plaintiff's failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation is ADOPTED [dkt # 22], defendants Saginaw Public Schools and Cheryl Hatton's motion for summary judgment [dkt # 16] is GRANTED, and all claims against those two defendants are DISMISSED WITH PREJUDICE.