Summary
The United States District Court for the Eastern District of Michigan accepts a magistrate judge’s Report and Recommendation after finding no clear error and noting that no objections were filed. The court grants United Steelworkers Local 332’s motion to dismiss and denies Jeffrey Graham’s motion to strike as moot.
Topics
Practice areas
Questions Presented
- Whether the district court should accept the magistrate judge's Report and Recommendation when no party filed a timely objection.
- Whether Defendant's motion to dismiss should be granted.
- Whether Plaintiff's motion to strike should be denied as moot.
Holdings
- A party's failure to file a timely objection to a magistrate judge's Report and Recommendation waives further judicial review of the challenged findings, subject to the district court's review for clear error before accepting the recommendation.
- Defendant's motion to dismiss is granted.
- Plaintiff's motion to strike is denied as moot.
Key quotations
“The failure to file a timely objection to an R&R constitutes a waiver of the right to further judicial review.”
“On the face of the record, the Court finds no clear error and accepts the recommendation.”
Factual background
The opinion does not describe the underlying employment or labor dispute in substantive detail. The matter concerned Plaintiff Jeffrey Graham's action against United Steelworkers Local 332, Defendant's motion to dismiss, and Plaintiff's motion to strike.
Procedural history
Magistrate Judge Curtis Ivy Jr. issued a Report and Recommendation on December 19, 2025, recommending dismissal of the action and denial of Plaintiff's motion to strike as moot. After the objection period expired without objections, the district court reviewed the recommendation for clear error, accepted it, granted Defendant's motion to dismiss, and denied Plaintiff's motion to strike as moot.