Opinion
Case No. 04-10309.
November 22, 2006
Presently before the Court is the report issued on November 1, 2006 by Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b), recommending that this Court grant motions to dismiss filed by defendants Hightower and Michigan Department of Corrections. The magistrate judge concluded that defendant Hightower is entitled to qualified immunity on the plaintiff's civil rights claim and that the Court should decline to exercise supplemental jurisdiction over the state law claims against this defendant. The magistrate judge also concluded that defendant MDOC is immune from suit pursuant to the Eleventh Amendment. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, 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 Federation 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 motion. 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 # 45] is ADOPTED.
It is further ORDERED that the motions to dismiss file by defendants Hightower and Michigan Department of Corrections [dkt ## 29, 30] are GRANTED, and defendants Hightower and Michigan Department of Corrections are DISMISSED WITH PREJUDICE.
It is further ORDERED that the case is referred back to the magistrate judge in accordance with the order for general case management dated November 24, 2004.