Burnett v. Barr ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VERETTA BURNETT, Plaintiff, Case Number 20-12413 v. Honorable David M. Lawson Magistrate Judge R. Steven Whalen LOREATHA McGEE, CHRISTOPHER BURNETT, LaDARIUS BURNETT- SANFORD, ELIZAH DAVIS-BURNETT, FARRAD AL-KINDI, WILLIAM BARR, MATTHEW J. SCHNEIDER, FEDERAL BUREAU OF INVESTIGATION, DEPT. OF HEALTH AND HUMAN SERVICES, CITY OF HIGHLAND PARK, JAMES McGINNIS, DETROIT PUBLIC SCHOOL HEADQUARTERS, DANA NESSEL, and LAW OFFICES OF CHRISTOPHER TRAINOR AND ASSOCIATES, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS THE COMPLAINT Presently before the Court is the report issued on September 16, 2020 by Magistrate Judge R. Steven Whelan pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the complaint for failing to state a claim upon which relief can be granted. 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. 9) is ADOPTED. It is further ORDERED that the complaint (ECF No. 1) is DISMISSED WITH PREJUDICE. It is further ORDERED that the plaintiff’s motion to add credibility (ECF No. 13), which does not appear to ask for any specific relief, is DISMISSED as moot. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: October 8, 2020