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Brown v. Carter

United States District Court, Eastern District of Michigan, Southern Division

April 27, 2015

DARNELL BROWN, Plaintiff,
v.
NICOLE CARTER, et al. Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #21) AND DISMISSING CLAIMS AGAINST DEFENDANTS NICOLE CARTER AND DUSHNA POPOVSKI WITHOUT PREJUDICE

MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

On November 12, 2014, Plaintiff Darnell Brown (“Brown”) filed this Title VII action against Defendants Nicole Carter (“Carter”), Dushna Popovski (“Popovski”), and Pellumb Sulaj (“Sulaj”). (See Complaint, ECF #1.) Sulaj filed an Answer on January 21, 2015. (See ECF #12.) After summonses for Carter and Popovski were returned as unexecuted (see ECF ## 16, 17), Magistrate Judge Anthony Patti ordered Brown to show cause why his claims against Carter and Popovski should not be dismissed for failure to effect service. (See ECF #18.) Carter responded that he could not find addresses for either Carter or Popovski, and he requested that the case proceed against Sulaj only. (See ECF #19.)

On April 7, 2015, Magistrate Judge Patti issued a Report and Recommendation recommending that the Court dismiss Brown’s claims against Carter and Popovski without prejudice “for failure to effect service pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.” (See the “R&R, ” ECF #21.) The R&R stated that the parties could object to and seek review of the recommendation within fourteen days. (See Id . at 3-4, Pg. ID 64-65.)

No party has objected to the R&R. Failure to file objections to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); 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 R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).

Therefore, IT IS HEREBY ORDERED that the Magistrate Judge’s April 7, 2015, Report and Recommendation (ECF #21) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Brown’s claims against Defendants Nicole Carter and Dushna Popovski are DISMISSED WITHOUT PREJUDICE for failure to effect service.


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