Pickett v. Midland Funding, LLC ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CHRISTOPHER PICKETT, Plaintiff, Case No. 1:22-cv-13071 v. Honorable Thomas L. Ludington United States District Judge MIDLAND FUNDING, LLC and MARY JANE M. ELLIOTT, Honorable Patricia T. Morris United States Magistrate Judge Defendants. ______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE On December 19, 2022, Plaintiff Christopher Pickett filed a complaint alleging Defendants Midland Funding and Mary Jane M. Elliott violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and Michigan’s Consumer Protection Act, MICH. COMP. LAWS § 445.901 et seq. ECF No. 1. On January 17, 2023, Magistrate Judge Patricia T. Morris issued an R&R recommending dismissal of Plaintiff’s Complaint under 28 U.S.C. § 1915(e)(2) and providing Plaintiff 14 days to object. ECF No. 8 at PageID.25. Although his deadline was extended, ECF No. 10, Plaintiff did not file objections. So, he has forfeited his right to appeal Judge Morris’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). Accordingly, it is ORDERED that Judge Morris’s R&R, ECF No. 8, is ADOPTED, and that Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE. This is a final order and closes the above-captioned case. Dated: March 10, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge