Cain v. United States Department of Justice

District Court, E.D. Michigan

Cain v. United States Department of Justice

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DERRICK CAIN,

Plaintiff, Case Number 19-12483 v. Honorable David M. Lawson Magistrate Judge David R. Grand UNITED STATES DEPARTMENT OF JUSTICE,

Defendant. _____________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Presently before the Court is the report issued on November 10, 2021 by Magistrate Judge David R. Grand pursuant to

28 U.S.C. § 636

(b), recommending that the Court grant the defendant’s motion for summary judgment. The deadline for filing objections to the report has passed, and no objections have been filed. The plaintiff’s 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. 18) is ADOPTED. It is further ORDERED that the defendant’s motion for summary judgment (ECF No. 16) is GRANTED. It is further ORDERED that the complaint (ECF No. 1) is DISMISSED WITH PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge

Dated: January 14, 2022

Reference

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