Clayborn v. City of Detroit Fire Department ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIAN LAMONT CLAYBORN, Plaintiff, Case Number 19-12971 v. Honorable David M. Lawson ROBERT DISTELRATH, ROBERT SHINSKE, KEMIA CROSSON, TRACEY BROWN, and the CITY OF DETROIT FIRE DEPARTMENT Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFF’S REQUEST FOR IMMEDIATE INJUNCTION Presently before the Court is the report issued on October 23, 2019 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the plaintiff’s request for an immediate injunction to order the City of Detroit to not retaliate against him for filing this action. 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 (ECF No. 7) is ADOPTED. It is further ORDERED that the plaintiff’s request for an immediate injunction is DENIED. s/David M. Lawson DAVID M. LAWSON United States District Judge Date: November 13, 2019 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first-class U.S. mail on November 13, 2019. s/Susan K. Pinkowski SUSAN K. PINKOWSKI