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Bodman v. Aramark Corp.

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

June 5, 2015

CHESTER BODMAN, Plaintiff,
v.
ARAMARK CORPORATION, DAVRE DAVIDSON, BOB MARSHALL, JOSEPH NEUBAUER, ERIC J. FOSS, CHRISSY SHARP, and O’BELL THOMAS WINN, Defendants.

ANTHONY P. PATTI MAGISTRATE JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT O’BELL THOMAS WINN’S MOTION FOR SUMMARY JUDGMENT

DAVID M. LAWSON UNITED STATES DISTRICT JUDGE

Presently before the Court is the report issued on April 30, 2015 by Magistrate Judge Anthony P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant O’Bell Thomas Winn’s motion for summary judgment and dismiss the plaintiff’s claims against him. 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 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 [dkt. #27] is ADOPTED.

It is further ORDERED that defendant O’Bell Thomas Winn’s motion for summary judgment [dkt. #11] is GRANTED. The plaintiff’s claims against defendant Winn ONLY are DISMISSED WITH PREJUDICE.


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