Sowards v. IBT 413 ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SEAN C. SOWARDS, Plaintiff, Case Number 19-11449 v. Honorable David M. Lawson Magistrate Judge David R. Grand IBT 413, et al., Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS ACTION, SUA SPONTE, UNDER 28 U.S.C. § 1915(e) Presently before the Court is the report issued on August 21, 2019 by Magistrate Judge David R. Grand under 28 U.S.C. § 636(b), recommending that the Court dismiss the action, sua sponte, under 28 U.S.C. §1915(e)(2)(B). 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. 13) is ADOPTED. It is further ORDERED that the action is DISMISSED. s/David M. Lawson DAVID M. LAWSON United States District Judge Date: September 12, 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 September 12, 2019. s/Susan K. Pinkowski SUSAN K. PINKOWSKI