Hoeltzel v. Smith ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK FRANKLIN HOELTZEL, Plaintiff, Case Number 19-12328 v. Honorable David M. Lawson Magistrate Judge Kimberly G. Altman MARGIE PILLSBURY, MAUREEN BURKE, SERGEANT CONNERS, DETECTIVE LUCAS, TOM CARGILL, MARK WOROSZ, DETECTIVE PARVIZ, and OFFICER CHALOGIANIS, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING THE COMPLAINT WITH PREJUDICE Presently before the Court is the report issued on February 4, 2021 by Magistrate Judge Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b) recommending that the Court grant the defendants’ motions for summary judgment, deny the plaintiff’s requests to stay the proceedings, and dismiss the complaint with prejudice. The Court previously granted the plaintiff’s motion to extend the time for filing objections, but the extended deadline 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. Accordingly, it is ORDERED that the report and recommendation (ECF No. 52) is ADOPTED, the defendants’ motions for summary judgment (ECF No. 27, 38) are GRANTED, the plaintiff’s motions to stay the proceedings (ECF No. 40, 41) are DENIED, and the case is DISMISSED WITH PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: March 30, 2021