Thornton v. Comerica Bank

Full title: DEJUAN THORNTON, Plaintiff, v. COMERICA BANK, Defendant.

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

Date published: Apr 3, 2012

Case Number 11-13787 (E.D. Mich. Apr. 3, 2012)

Opinion

Case Number 11-13787

04-03-2012

DEJUAN THORNTON, Plaintiff, v. COMERICA BANK, Defendant.

DAVID M. LAWSON

Honorable David M. Lawson

Magistrate Judge Mark A. Randon

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT,

DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT,

AND DISMISSING COMPLAINT WITHOUT PREJUDICE

Presently before the Court is the report issued on March 15, 2012 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the defendant's motion for summary judgment, deny the plaintiff's motion for summary judgment, and dismiss the complaint without prejudice. Although 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, 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. #23] is ADOPTED.

It is further ORDERED that the defendant's motion for summary judgment [dkt. #18] is GRANTED.

It is further ORDERED that the plaintiff's motion for summary judgment [dkt. #13] is DENIED.

It is further ORDERED that all other pending motions are DENIED AS MOOT.

It is further ORDERED that the complaint is DISMISSED WITHOUT PREJUDICE.

______________________

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 3, 2012.

DEBORAH R. TOFIL