Opinion
Case Number 15-10693
05-05-2015
VICTOR WILSON, Plaintiff, v. COUNTY OF WAYNE, CITY OF DETROIT, and DETROIT POLICE DEPARTMENT, Defendants.
Magistrate Judge David R. Grand
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION , DISMISSING COMPLAINT WITHOUT PREJUDICE, AND DENYING AS MOOT PLAINTIFF'S MOTION TO CERTIFY CLASS
Presently before the Court is the report issued on April 17, 2015 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss sua sponte the plaintiff's complaint without prejudice under 28 U.S.C. § 1915(e). Although the report stated that the parties to this action could 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 that the Court dismiss sua sponte the plaintiff's complaint without prejudice [dkt. #10] is ADOPTED.
It is further ORDERED that the plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that the magistrate judge's report and recommendation on the plaintiff's motion to certify class [dkt. #7] is moot.
It is further ORDERED that the plaintiff's motion to certify class [dkt. #2] is DENIED as moot.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: May 5, 2015
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 May 5, 2015.
s/Susan Pinkowski
SUSAN PINKOWSKI