Frazier v. Colthfelt ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ALVIN FRAZIER, Plaintiff, Case Number 19-10389 v. Honorable David M. Lawson Magistrate Judge Patricia T. Morris COLTHFELT and SCHUBRING, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DENYING AS MOOT THE PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL AND MOTION TO STRIKE Presently before the Court is the report issued on September 29, 2021 by Magistrate Judge Patricia T. Morris pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants’ motion for summary judgment and deny as moot the plaintiff’s motion for appointment of counsel and motion to strike. The deadline for filing objections to the report has passed, and no objections have been filed. The plaintiff’s 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. 55) is ADOPTED. It is further ORDERED that the defendants’ motion for summary judgment (ECF No. 48) is GRANTED. It is further ORDERED that the defendants’ motion for the appointment of counsel (ECF No. 47) and motion to strike (ECF No. 53) are DENIED AS MOOT. It is further ORDERED that the complaint is DISMISSED WITHOUT PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: October 21, 2021