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Witcher v. Michigan Department of Corrections

United States District Court, E.D. Michigan, Southern Division

February 17, 2015

TELIFERRO WITCHER, Plaintiff,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE

MARIANNE O. BATTANI, District Judge.

On December 15, 2014, Plaintiff filed a Notice of Voluntary Dismissal Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i). (Doc. No. 26). The case had been referred to Magistrate Judge R. Steven Whalen for all pretrial proceedings. (Doc. No. 19).

The Magistrate Judge construed the Notice as a motion for voluntary dismissal, and in his Report and Recommendation, dated January 7, 2015, he recommended that the motion be granted and that the Plaintiff's pro se complaint be dismissed without prejudice. Magistrate Judge Whalen informed the parties that objections to the Report and Recommendation had to be filed within fourteen days of service and that a failure to file an objection constituted a waiver of any further right to appeal.

Neither party filed an objection. Consequently, the parties waive their right to de novo review and appeal.

Therefore, the Court ADOPTS the analysis GRANTS the motion and DISMISSES Plaintiff's complaint without prejudice.

IT IS SO ORDERED.


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