Cosgrove v. Pettigrew ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CARY J. COSGROVE, Plaintiff, Case No. 1:21-cv-10379 v. Honorable Thomas L. Ludington United States District Judge KEVIN PETTIGREW and DWAYNE SAYLOR, Honorable Patricia T. Morris United States Magistrate Judge Defendants. ________________________________________/ ORDER ADOPTING (1) REPORT AND RECOMMENDATION, (2) GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT, (3) DISMISSING PLAINTIFF’S CLAIMS WITH PREJUDICE, AND (4) DENYING PLAINTIFF’S MOTION FOR EXTENSION OF TIME AS MOOT This matter is before this Court upon Magistrate Judge Patricia T. Morris’s Report and Recommendation (R&R) recommending that the undersigned grant both Defendants’ motions for summary judgment and dismiss Plaintiff’s claims against both Defendants. ECF No. 43 at PageID.599. Although the R&R states that the parties could object to and seek review of the R&R within 14 days of service, neither party filed any objections. Rather, six days after the period to file objections had expired, Plaintiff filed a “motion to dismiss defendants [sic] motion for summary judgement [sic],” ECF No. 44, and a motion seeking a 30-day extension to file objections, ECF No. 45. But those are not objections. Because the parties did not file any objections within the 14- day objection period, they have waived their right to appeal Judge Morris’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Magistrate Judge Morris’s Report and Recommendation, ECF No. 43, is ADOPTED. Further, it is ORDERED that Defendant Saylor’s Motion for Summary Judgment, ECF No. 33 is GRANTED. Further, it is ORDERED that Defendant Pettigrew’s Motion for Summary Judgment, ECF No. 34, is GRANTED. Further, it is ORDERED that Plaintiff’s claims against Defendant Pettigrew and Defendant Saylor, ECF No. 1, are DISMISSED WITH PREJUDICE. Further, it is ORDERED that Plaintiff’s Motion for Extension of Time to File Argument, ECF No. 45, is DENIED AS MOOT. Dated: October 25, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge