Opinion
1:21-cv-12011
11-21-2022
JAMES M. WHORTON, Plaintiff, v. JAMES PETERSON and BARTKOWIAK, Defendants.
Honorable Elizabeth A. Stafford, United States Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE
THOMAS L. LUDINGTON, United States District Judge
Magistrate Judge Elizabeth A. Stafford issued a Report and Recommendation (R&R) recommending that the undersigned grant Defendants' motion for summary judgment, ECF No. 20, and dismiss Plaintiff's Complaint without prejudice. ECF No. 26 at PageID.279.
Although the R&R states that Plaintiff could object to and seek review of the R&R within 14 days of service, Plaintiff did not file any objections. Therefore, he has waived his right to appeal Judge Stafford's findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Magistrate Judge Stafford's Report and Recommendation, ECF No. 26, is ADOPTED. Further, it is ORDERED that Defendants' Motion for Summary Judgment, ECF No. 20, is GRANTED. Further, it is ORDERED that Plaintiff's Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE.
This is a final order and closes the above-captioned case.