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Rogers v. Mich. Judicial Tenure Comm'n

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Apr 11, 2016
Case Number 15-14211 (E.D. Mich. Apr. 11, 2016)

Opinion

Case Number 15-14211

04-11-2016

SAMUEL C. ROGERS, Plaintiff, v. MICHIGAN JUDICIAL TENURE COMMISSION, ATTORNEY GRIEVANCE COMMISSION, and MICHIGAN FRIEND OF COURT, Defendants.



Magistrate Judge David R. Grand ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT

Presently before the Court is the report issued on March 23, 2016 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the plaintiff's complaint with prejudice. 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. The plaintiff subsequently filed a letter with the Court on April 7, 2016.

Although a document filed by a pro se litigant is to be construed liberally, Erickson v. Pardus, 551 U.S. 89, 94 (2007), such leniency "is not boundless." Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004). Objections to a magistrate judge's report "must be clear enough to enable the district court to discern those issues that are dispositive and contentious." Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995). Objections failing "'to specify the findings . . . believed [to be] in error' are too general." Spencer v. Bouchard, 449 F.3d 721, 725 (6th Cir. 2006), abrogated on other grounds by Jones v. Bock, 549 U.S. 199, 220-21 (2007) ( quoting Miller, 50 F.3d at 380). Even construing the plaintiff's letter liberally, there is nothing in the letter that can be construed as an objection to the report. The plaintiff is essentially requesting the Court to address his response to the show cause order issued by the magistrate judge on February 24, 2016, which the magistrate judge resolved in the plaintiff's favor in his report. Therefore, there have been no objections to the magistrate judge's report. 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. #12] is ADOPTED.

It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE.

s/David M. Lawson

DAVID M. LAWSON

United States District Judge Dated: April 11, 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 April 11, 2016.

s/Susan Pinkowski

SUSAN PINKOWSKI


Summaries of

Rogers v. Mich. Judicial Tenure Comm'n

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Apr 11, 2016
Case Number 15-14211 (E.D. Mich. Apr. 11, 2016)
Case details for

Rogers v. Mich. Judicial Tenure Comm'n

Case Details

Full title:SAMUEL C. ROGERS, Plaintiff, v. MICHIGAN JUDICIAL TENURE COMMISSION…

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

Date published: Apr 11, 2016

Citations

Case Number 15-14211 (E.D. Mich. Apr. 11, 2016)