Thompson v. Mich. Dep't of Corr.

Full title: DANIEL THOMPSON Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al.…

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

Date published: Jan 31, 2018

CASE NO. 17-10490 (E.D. Mich. Jan. 31, 2018)

Opinion

CASE NO. 17-10490

01-31-2018

DANIEL THOMPSON Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants.

HON. DENISE PAGE HOOD

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [#35] TO GRANT DEFENDANT THE KONE COMPANY'S MOTION TO DISMISS [#25]

This matter is before the Court on a Report and Recommendation (Doc # 35) filed by Magistrate Judge Stephanie Dawkins Davis to grant Defendant The Kone Company's ("The Kone Company") Motion to Dismiss. (Doc # 25) The Court ACCEPTS and ADOPTS the Report and Recommendation and GRANTS Defendant's Motion to Dismiss.

The standard of review by the district court when examining a Report and Recommendation is set forth in 28 U.S.C. § 636. This Court "shall make a de novo determination of those portions of the report or the specified proposed findings or recommendations to which an objection is made." 28 U.S.C. § 636(b)(1)(C). The court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. In order to preserve the right to appeal the magistrate judge's recommendation, a party must file objections to the Report and Recommendation within fourteen (14) days of service of the Report and Recommendation. Fed. R. Civ. P. 72(b)(2). Failure to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985); Howard v. Sec'y of Health & Human Servs., 932 F.2d 505, 508-09 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

The Court agrees with the Magistrate Judge that The Kone Company should be dismissed from the matter.

Accordingly,

IT IS HEREBY ORDERED that Magistrate Judge Stephanie Dawkins Davis's Report and Recommendation (Doc # 35) is ACCEPTED and ADOPTED.

IT IS FURTHER ORDERED that Defendant The Kone Company's Motion to Dismiss (Doc # 25) is GRANTED.

IT IS FURTHER ORDERED that Defendant The Kone Company is DISMISSED from this action.

S/Denise Page Hood

Denise Page Hood

Chief Judge, United States District Court Dated: January 31, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 31, 2018, by electronic and/or ordinary mail.

S/LaShawn R. Saulsberry

Case Manager