Gifford v. Biden ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALEXANDER R. GIFFORD, Plaintiff, Case No. 20-12890 v. Honorable Thomas L. Ludington Magistrate Judge Patricia T. Morris JOE BIDEN, Defendant. __________________________________________/ ORDER ADOPTING REPORT & RECOMMENDATION On October 22, 2020 Plaintiff filed a pro se civil complaint against Defendant. ECF No. 1. As explained by Magistrate Judge Morris, “Plaintiff has sued the former Vice President for his acts of commission or omission while serving as the Vice President.” ECF No. 7 at PageID.19. Specifically, Plaintiff states, I feel we have a responsibility to elect the most qualified with least baggage and the most transparency. I am calling out candidate Biden as running a illegitimate campaign, knowingly deceiving the American public and with a platform of false pretense, allowing President Trump a pathway to re-election. I am disgusted!!! ECF No. 1 at PageID.6. The Complaint was referred to Magistrate Judge Morris. ECF No. 4. Plaintiff was granted permission to proceed in forma pauperis. ECF Nos. 2, 5. On December 7, 2020, Magistrate Judge Morris sua sponte issued a report and recommended the case be dismissed. ECF No. 7. She explained that “Defendant is absolutely immune form suit. . . . I therefore conclude that dismissal is appropriate under 28 U.S.C. § 1915(e)(2)(B).” Id. at PageID.19. Although the magistrate judge’s report states that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither party timely filed any objections. The election not to file objections to the magistrate judge’s report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal. Id. Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation, ECF No. 7, is ADOPTED. It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED. Dated: January 15, 2021 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon Alexander R. Gifford, 9873 County Road 489, Atlanta, MI 49709 by first class U.S. mail on January 15, 2021. s/Kelly Winslow KELLY WINSLOW, Case Manager