Opinion
Case Number 17-12271
05-30-2018
Magistrate Judge Anthony P. Patti ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING WITHOUT PREJUDICE PLAINTIFF'S REQUESTS FOR PRELIMINARY INJUNCTIVE RELIEF
Presently before the Court is the report issued on May 10, 2018 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court deny without prejudice the plaintiff's motions to expedite surgery and for relief sought. Although the report stated that the parties to this action could 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 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. #49] is ADOPTED.
It is further ORDERED that the plaintiff's motions to expedite surgery [dkt. #24] and for relief sought [dkt. #34] are DENIED WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: May 30, 2018
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 May 30, 2018.
s/Susan Pinkowski
SUSAN PINKOWSKI