Beilicki v. Doepker ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICKY LEE BIELICKI, Plaintiff, Case Number 23-12692 v. Honorable David M. Lawson Magistrate Judge Patricia T. Morris BRADLEY J. DOEPKER, TYLER G. DAVIDSON, SHEPHERD TRI-TOWNSHIP FIRE DEPARTMENT, and SAGINAW CHIPPEWA TRIBAL FIRE DEPARTMENT, Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CLAIMS AGAINST DEFENDANT SAGINAW CHIPPEWA TRIBAL FIRE DEPARTMENT AND CONTINUING REFERRAL TO MAGISTRATE JUDGE Presently before the Court is the report issued on January 25, 2024 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b) recommending that the Court dismiss the plaintiff’s claims against defendants Mount Pleasant City Fire Department and Saginaw Chippewa Tribal Fire Department. The deadline for filing objections to the report has passed, and no objections have been filed. 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. The Court notes that the plaintiff’s claims against defendant Mount Pleasant Fire Department previously were dismissed by stipulation of the parties. Accordingly, it is ORDERED that the report and recommendation (ECF No. 25) is ADOPTED, and all of the plaintiff’s claims against defendant Saginaw Chippewa Tribal Fire Department ONLY are DISMISSED WITH PREJUDICE. It is further ORDERED that the referral of the case to the assigned magistrate judge is CONTINUED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: March 6, 2024