Opinion
Case No. 17-cv-13704
07-31-2018
JOSEPH WALKER, Plaintiff, v. UNITED STATES STEEL CORPORATION, Defendant.
ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF #11) AND (2) GRANTING DEFENDANT'S MOTION TO DISMISS (ECF #5)
In this action, Plaintiff Joseph Walker alleges that Defendant United States Steel Corporation ("U.S. Steel") is liable for a work injury that Walker suffered on U.S. Steel's property. (See Compl., ECF #1.) On December 12, 2017, U.S. Steel moved to dismiss Walker's Complaint. (See Mot. to Dismiss, ECF #5.) After full briefing, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant U.S. Steel's motion on the basis that the applicable statute of limitations for Walker's claims had expired (the "R&R"). (See ECF #11.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at Pg. ID 131-32.)
Walker has not filed any objections to the R&R. The failure to file objections releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Likewise, the failure to object to an R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, because Walker has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommended disposition of Walker's motion (ECF #11) is ADOPTED.
IT IS FURTHER ORDERED that U.S. Steel's motion to dismiss (ECF #5) is GRANTED, and Walker's Complaint (ECF #1) is DISMISSED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: July 31, 2018
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 31, 2018, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764