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Brown v. Little

April 13, 2010

HENRY BROWN, PLAINTIFF,
v.
EBONY LITTLE, NAN LNU, DON SMITH, STEPHANIE KERN, DTE, AND GOODWILL INDUSTRIES, DEFENDANTS.



The opinion of the court was delivered by: David M. Lawson United States District Judge

Magistrate Judge Mark A. Randon

Honorable David M. Lawson

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT, AND DISMISSING THE PLAINTIFF'S COMPLAINT

Presently before the Court is the report issued on March 24, 2010 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b). Judge Randon recommended granting defendants Nan LNU and DTE's motion to dismiss because the plaintiff failed to demonstrate that these defendants acted under color of state law, as required for the plaintiff's claim under 42 U.S.C. § 1983. Judge Randon also recommended granting defendants Ebony Little, Don Smith, and Goodwill Industries's motion for summary judgment for the same reason. Judge Randon recommended that this Court dismiss the plaintiff's federal claims with prejudice and decline to exercise supplemental jurisdiction over the plaintiff's state law claims.

Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen 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 #22] is ADOPTED.

It is further ORDERED that the defendants' motion to dismiss [dkt. #16] is GRANTED. It is further ORDERED that the defendants' motion for summary judgment [dkt. #15] is GRANTED.

It is further ORDERED that the plaintiff's complaint is DISMISSED WITH PREJUDICE.

20100413

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