White v. Dunn ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT LEE DRAIN a/k/a DARIOUS DANYEL WHITE, 2:22-CV-12366-TGB-CI Plaintiff, ORDER ADOPTING REPORT vs. AND RECOMMENDATION REGARDING DEFENDANT AMANDA LNU BRIAN DUNN & AMANDA LNU, (ECF NO. 23) Defendants. This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.’s August 2nd, 2023, Report and Recommendation (ECF No. 23) recommending that Plaintiff’s claims against Amanda LNU be dismissed for failure to prosecute because Plaintiff failed to respond to the Court’s Order requiring Plaintiff to provide the full name of Defendant Amanda LNU so that service could be attempted (ECF No. 11) and later failed to respond to the Court’s Order to Show Cause why Defendant Amanda LNU should not be dismissed for failure to prosecute the case against her. ECF No. 14. The Court has reviewed Judge Ivy’s Report and Recommendation and finds that it is well-reasoned and supported by the applicable law. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of the report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report … to which objection is made.” Id. Where, as here, neither party has lodged objections to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept Judge Ivy’s Report and Recommendation of August 2nd, 2023, as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Judge Ivy’s Report and Recommendation of August 2nd, 2023, (ECF No. 23) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff’s complaint against Defendant Amanda LNU is DISMISSED WITHOUT PREJUDICE. Dated: December 12, 2023 /s/Terrence G. Berg HON. TERRENCE G. BERG UNITED STATES DISTRICT JUDGE