Opinion
19-10283
05-05-2022
EDWARD WILLIAMS, Plaintiff, v. ANDREOPOULOS & HILL, L. LOUIS ANDREOPOULOS, DAVID T. HILL, JOSPEH AWADA, TODD RUTLEDGE, BRIAN J. WAGNER, EVAN PAPPAS, FANCY YALDO, AMANDA ARAFAT, SALLY KAYE RAHN, DAVID AYYASH, KRISTINA BREWART, JULES PALM, S. K. RAHN, MICHELLE HUNTOON, KYLE BRYANT, JON COSTIGAN, ZENA NAJI, LYNN CZUBAY, HAWRAA AL-ARIDHT, ROBERT HAMMER, and RHONDA RAINES, Defendants, and EDWARD WILLIAMS, Cross-Plaintiff, v. WENDY POTTS, Cross-Defendant, and EDWARD WILLIAMS, Cross-Plaintiff, v. WENDY M. BAXTER and LESLIE KIM SMITH, Cross-Defendants,
Anthony P. Patti Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING WITHOUT PREJUDICE CLAIMS AGAINST DEFENDANTS HUNTOON AND NAJI, AND DENYING AS MOOT DEFENDANTS HUNTOON'S AND NAJI'S MOTION TO DISMISS
DAVID M. LAWSON UNITED STATES DISTRICT JUDGE
Presently before the Court is the report issued on April 15, 2022 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b) regarding defendants Michelle Huntoon's and Zena Naji's motion to dismiss. The report recommends that the Court construe the plaintiff's responses as motions to voluntarily dismiss defendants Huntoon and Naji, grant said motions, and deny Huntoon's and Naji's motion to dismiss as moot. The deadline for filing objections to the report has passed, and no objections have been filed. 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 report and recommendation (ECF No. 138) is ADOPTED.
It is further ORDERED that plaintiff's responses to the motion to dismiss by defendants Huntoon and Naji (ECF Nos. 133, 134) shall be construed as motions to voluntarily to dismiss Huntoon and Naji pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and that said motions are GRANTED.
It is further ORDERED that all claims against defendants Huntoon and Naji are DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that the motion to dismiss by defendants Huntoon and Naji (ECF No. 120) is DENIED as moot.