Huby v. Michigan, State of ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Nicole M. Huby, Plaintiff, Case No. 19-13419 v. Judith E. Levy United States District Judge State of Michigan, Mag. Judge David R. Grand Defendant. ________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION [15] Before the Court is Magistrate Judge David R. Grand’s Report and Recommendation recommending the Court dismiss Plaintiff’s case under Federal Rule of Civil Procedure 41(b) and that Defendant’s motion to dismiss (ECF No. 8) be denied as moot. (ECF No. 15.) The parties were required to file specific written objections, if any, within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the Report and Recommendation and concurs in the reasoning and result. Accordingly, The Report and Recommendation (ECF No. 15) is ADOPTED; This case is DISMISSED WITH PREJUDICE under Federal Rule of Civil Procedure 41(b); and Defendant’s motion to dismiss (ECF No. 8) is DENIED AS MOOT.1 IT IS SO ORDERED. Dated: February 9, 2021 s/Judith E. Levy Ann Arbor, Michigan JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on February 9, 2021. s/William Barkholz WILLIAM BARKHOLZ Case Manager 1 By failing to object to the Report and Recommendation, the parties have forfeited any further right of appeal. United States v. Wandahsega, 924 F.3d 868, 878 (6th Cir. 2019); see also Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019).