UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ROBERT LEE DRAIN a/k/a 2:22-CV-12366-TGB-CI DARIOUS DANYEL WHITE,

Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION (ECF NO. 29) v. BRIAN DUNN, Defendant. This matter is before the Court on Magistrate Judge Curtis Ivy, Jr.’s March 13, 2024 Report and Recommendation (ECF 29) Recommending that Plaintiff’s complaint be dismissed with prejudice under Fed. R. Civ. P. 41(b) and Defendant’s Motion for Summary Judgment (ECF No. 25) be terminated as moot. 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.

(b)(1). The district court will make a “de novo determination of those portions of the report…to which objection is made.”

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,

, 149–52 (1985). The Court will, therefore,

accept Judge Ivy’s Report and Recommendation of March 13, 2024 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Judge Ivy’s Report and Recommendation of March 13, 2024 (ECF 29) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant’s Motion for Summary Judgment (ECF No. 25) is terminated as MOOT and the case is DISMISSED WITH PREJUDICE.

This is a final order that closes this case. SO ORDERED.

Dated: April 9, 2024 /s/Terrence G. Berg HON. TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Certificate of Service

I hereby certify that this Order was electronically filed, and the parties and/or counsel of record were served via electronic and/or ordinary mail.

Dated: April 9, 2024 By: /s/T. McGovern Case Manager

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge