McSwain v. Floreck ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHAWN MCSWAIN, Plaintiff, Case Number 21-13015 v. Honorable David M. Lawson Magistrate Judge Elizabeth A. Stafford FLORECK, WILLIAM POLAND, and WRIGHT, Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING COMPLAINT FOR FAILURE TO PROSECUTE, AND DENYING AS MOOT DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Presently before the Court is the report issued on September 28, 2022 by Magistrate Elizabeth A. Stafford pursuant to 28 U.S.C. § 636(b). The report recommends that the Court dismiss the plaintiff’s complaint for failure to prosecute and deny the defendants’ motions for summary judgment as moot. 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. 33) is ADOPTED. It is further ORDERED that the complaint (ECF No. 1) is DISMISSED for failure to prosecute. It is further ORDERED that the defendants’ motions for summary judgment (ECF Nos. 16, 31) are DENIED AS MOOT. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: October 19, 2022