Goodell v. Ervin

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

D. SAMUEL GOODELL,

Plaintiff, Case No. 1:20-cv-11322

v. Honorable Thomas L. Ludington United States District Judge MICHAEL LEWIS, Honorable Curtis Ivy Jr. Defendant. United States Magistrate Judge ________________________________________/

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

On June 29, 2023, Magistrate Judge Curtis Ivy Jr., issued a report recommending that the case be dismissed on Defendant’s motion for summary judgment. ECF No. 74. Judge Ivy provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Ivy’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the report. Accordingly, it is ORDERED that Judge Ivy’s Report and Recommendation, ECF No. 74, is ADOPTED, that Defendant’s Motion for Summary Judgment, ECF No. 69, is GRANTED, and that the above-captioned case is DISMISSED WITH PREJUDICE under Civil Rule 56. This is a final order and closes the above-captioned case.

Dated: July 18, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge