Pung v. DePriest ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL PUNG, as personal representative of the Estate of Timothy Scott Pung, Plaintiff, CASE NO. 20-13113 HON. DENISE PAGE HOOD v. COUNTY OF ISABELLA, STEVEN W. PICKENS, in his official and personal capacity, and PATRICIA DePRIEST, in her personal capacity, Defendants. _______________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION REGARDING PLAINTIFF’S MOTION FOR ATTORNEY FEES [ECF No. 41] and MOTION TO STRIKE [ECF No. 45] This matter is before the Court on Magistrate Judge Patricia T. Morris’ Report and Recommendation regarding Plaintiff’s Motion for Attorney Fees [ECF No. 41] and Motion to Strike. [ECF No. 45] Neither party filed any objections to the Report and Recommendation. The Court has had an opportunity to review this matter and finds that the Magistrate Judge reached the correct conclusions for the proper reasons. Finding no error in the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation in its entirety. Furthermore, as neither party has raised an objection to the Report and Recommendation, the Court finds that the parties have waived any further objections to the Report and Recommendation. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (a party’s failure to file any objections waives his or her right to further appeal); Thomas v. Arn, 474 U.S. 140, 149 (1985). For the reasons stated above, IT IS ORDERED that the Report and Recommendation [ECF No. 51, filed December 8, 2022] is ADOPTED as this Court’s findings of fact and conclusions of law. IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees [ECF No. 41, filed October 28, 2022] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike [ECF No. 45, filed November 8, 2022] is DENIED. IT IS ORDERED. s/Denise Page Hood DENISE PAGE HOOD DATED: January 4, 2023 United States District Judge 2