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Wilson v. County of Wayne

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

May 5, 2015

VICTOR WILSON, Plaintiff,
v.
COUNTY OF WAYNE, CITY OF DETROIT, and DETROIT POLICE DEPARTMENT, Defendants.

David R. Grand, Magistrate Judge.

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, DISMISSING COMPLAINT WITHOUT PREJUDICE, AND DENYING AS MOOT PLAINTIFF’S MOTION TO CERTIFY CLASS

Honorable David M. Lawson, J.

Presently before the Court is the report issued on April 17, 2015 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss sua sponte the plaintiff’s complaint without prejudice under 28 U.S.C. § 1915(e). Although the report stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. 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 report releases the Court from its duty to independently review the matter. 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 that the Court dismiss sua sponte the plaintiff’s complaint without prejudice [dkt. #10] is ADOPTED.

It is further ORDERED that the plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE.

It is further ORDERED that the magistrate judge’s report and recommendation on the plaintiff’s motion to certify class [dkt. #7] is moot.

It is further ORDERED that the plaintiff’s motion to certify class [dkt. #2] is DENIED as moot.


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