Summary
recommending dismissal for plaintiff's failure to comply with orders of the court
Summary of this case from Williams v. Saginaw Cnty. JailOpinion
Case Number 11-10155
02-12-2013
PETER JOSHUA LABRECK, Plaintiff, v. U.S. DEPARTMENT OF TREASURY and INTERNAL REVENUE SERVICE, Defendants.
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
DISMISSING COMPLAINT FOR FAILURE TO PROSECUTE, AND
DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS MOOT
Presently before the Court is the report issued on January 25, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court dismiss the plaintiff's complaint for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and deny the defendants' motion for summary judgment as moot. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. 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 magistrate judge's report and recommendation [dkt. #83] is ADOPTED.
It is further ORDERED that the plaintiff's complaint is DISMISSED for failure to prosecute.
It is further ORDERED that the defendants' motion for summary judgment [dkt. #75] DENIED AS MOOT.
____________________
DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on February 12, 2013.