Fuller v. Roush

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GERALD R. FULLER, Plaintiff, Case No. 22-cv-12531 v. Hon. Matthew F. Leitman VICKI ROUSH, et al., Defendants. __________________________________________________________________/ ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF No. 42), AND (2) GRANTING DEFENDANT ROUSH’S RENEWED MOTION TO DISMISS (ECF No. 37) Now before the Court is a motion by Defendant Vicki Roush to dismiss the sole remaining claims against her. (See Mot., ECF No. 37.) On August 13, 2025, the assigned Magistrate Judge issued a Report and Recommendation in which he recommended that the Court grant the motion (the “R & R”). (See R & R, ECF No. 42.) At the conclusion of the R & R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id., PageID.590-591.)

Plaintiff Gerald Fuller has not filed any objections to the R & R. Nor has he contacted the Court to ask for additional time to file objections. The failure to object to an R & R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). See also Ivey v. Wilson, 832 F.2d 950, 957 (6th Cir. 1987) (explaining that where party fails to file “timely objections” to report and recommendation, court may accept that recommendation “[w]ithout expressing any view on the merits of the magistrate’s conclusions”). Likewise, the failure to file objections to an R & R waives any further right to appeal. See Howard v. Sec’y of Health & Hum. Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of Tchrs. Loc. 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, because Fuller has failed to file any objections to the R & R, IT IS HEREBY ORDERED that the disposition recommended by the Magistrate Judge in the R & R is ADOPTED.

IT IS FURTHER ORDERED that Roush’s renewed motion to dismiss (ECF No. 37) is GRANTED, and Fuller’s claims against Roush are DISMISSED.

Because all claims against all Defendants have now been dismissed, the Court will close this action.

IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: September 9, 2025 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 9, 2025, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126