Cary v. Farris ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION BRYAN CARY, Plaintiff, Case No. 1:22-cv-10349 v. Honorable Thomas L. Ludington United States District Judge KIM FARRIS, Honorable Patricia T. Morris Defendant. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT On November 14, 2022, Magistrate Judge Patricia T. Morris issued a Report and Recommendation (R&R) recommending that the undersigned deny Plaintiff’s motion for summary judgment with prejudice. ECF No. 33 at PageID.164. The R&R states that the parties could object to and seek review of the R&R within 14 days of service. But neither party objected. Therefore, 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 Judge Morris’s Report and Recommendation, ECF No. 33, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for Summary Judgment, ECF No. 24, is DENIED WITHOUT PREJUDICE. This is not a final order and does not close the above-captioned case. Dated: December 5, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge