Opinion
Case Number 11-15345
04-30-2013
TIMOTHY SCHWEIGER, Plaintiff, v. MARVIN KEELING, Defendant.
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT MARVING KEELING'S MOTION TO DISMISS,
DENYING AS MOOT DEFENDANT KEELING'S MOTIONS TO DISMISS
PURSUANT TO RULE 41 AND FOR A PROTECTIVE ORDER, PLAINTIFF'S
MOTION TO COMPEL, AND CMS'S MOTION TO ADJOURN DATES AND
DISMISSING PLAINTIFF'S COMPLAINT
Presently before the Court is a report issued on April 1, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b) recommending that this Court grant Marvin Keeling's motion to dismiss and deny as moot defendant Keeling's motion to dismiss pursuant to Federal Rule of Civil Procedure 41, the plaintiff's motions to appoint counsel and to compel, and CMS's motions to adjourn case management order dates and to enforce magistrate judge's order. The Court already has denied the plaintiff's motion to appoint counsel and CMS's motion to enforce magistrate judge's order. Although the magistrate judge's reports 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, no objections have been filed thus far. The parties' failure to file objections to the reports and recommendations 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 reports 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 and will adopt the report and recommendation and grant defendant Keeling's motion to dismiss. Because defendant Keeling is the only remaining defendant, the Court will dismiss the plaintiff's complaint.
In addition, on April 24, 2013, defendant Keeling filed a motion for a protective order seeking to restrict further discovery until the Court rules on the magistrate judge's report and recommendation. The Court will deny that motion as moot.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #92] is ADOPTED.
It is further ORDERED that defendant Keeling's motion to dismiss [dkt. #80] is GRANTED.
It is further ORDERED that defendant Keeling's motion to dismiss pursuant to Rule 41 [dkt. #64], the plaintiff's motion to compel [dkt. #72], CMS's motion to adjourn case management order dates [dkt. #85], and defendant Keeling's motion for a protective order [dkt. #97] are DENIED AS MOOT.
It is further ORDERED that the plaintiff's complaint is DISMISSED.
______________________
DAVID M. LAWSON
United States District Judge
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 30, 2013.
______________________
DEBORAH R. TOFIL