Wilson v. Smith ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAVAN JERRELLE WILSON, SR., Plaintiff, Case Number 23-11666 Honorable David M. Lawson v. Magistrate Judge Kimberly G. Altman NATHANIEL SMITH, BRIAN SHIPMAN, JEROME WARFIELD, SR., CRISSA BLANKENBURG, and TIMOTHY FLANAGAN, Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Presently before the Court is the report issued on September 7, 2023 by Magistrate Judge Kimberly G. Altman pursuant to 28 U.S.C. § 636(b) recommending that the Court deny the plaintiff’s motion for a preliminary injunction. The deadline for filing objections to the report has passed, and no objections have been filed. 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. 16) is ADOPTED, and the plaintiff’s motion for a preliminary injunction (ECF No. 11) is DENIED. It is further ORDERED that the referral of the case to the assigned magistrate judge for all pretrial proceedings is CONTINUED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: October 5, 2023