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Platt v. University of Michigan

March 31, 2010

HENRIETTA PLATT, PLAINTIFF,
v.
UNIVERSITY OF MICHIGAN, DEFENDANTS.



The opinion of the court was delivered by: Honorable Avern Cohn

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. No. 23, 24) AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT (Doc. No. 11) AND DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT BY APRIL 30, 2010

I.

This is an employment discrimination case. Plaintiff is proceeding pro se. The matter has been referred to a magistrate judge for all pre-trial proceedings. Plaintiff has sued the University of Michigan and several individuals, who are employees of the University of Michigan, making various claims of discrimination. Defendants filed a motion to dismiss or for summary judgment on several grounds. The magistrate judge, in a comprehensive report and recommendation (MJRR), recommends that the motion be granted in part and denied in part and that plaintiff be directed to file an amended complaint consistent with the MJRR.

II.

Neither party has filed objections to the MJRR and the time for filing objections has passed. The 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 motions. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees with the magistrate judge.

III.

Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the findings and conclusions of the Court. Defendants' motion to dismiss or for summary judgment is GRANTED IN PART AND DENIED IN PART.

Plaintiff shall file an amended complaint by April 30, 2010 consistent with the MJRR.

SO ORDERED.

AVERN COHN UNITED STATES DISTRICT JUDGE

20100331

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