Simpson II v. Transunion LLC, No. 4:2023cv11324 - Document 22 (E.D. Mich. 2024)

Court Description: OPINION AND ORDER Accepting and Adopting 21 the Magistrate Judge's March 22, 2024 Report and Recommendation Granting 18 Motion. Signed by District Judge F. Kay Behm. (KMac)

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Simpson II v. Transunion LLC Doc. 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MATTHEW AARON SIMPSON II, Plaintiff, v. TRANSUNION LLC, Case No. 23-11324 F. Kay Behm United States District Judge Kimberly G. Altman United States Magistrate Judge Defendant. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MARCH 22, 2024 REPORT AND RECOMMENDATION (ECF No. 21) Currently before the court is Magistrate Judge Kimberly G. Altman’s March 22, 2024, Report and Recommendation. (ECF No. 21). Magistrate Judge Altman recommends that Defendant TransUnion’s unopposed motion be granted as to the request to dismiss for lack of prosecution, be denied as moot as to the request to extend discovery, and the entire case be dismissed without prejudice. Id., PageID.80. The Court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court Dockets.Justia.com nevertheless agrees with the Magistrate Judge’s recommended disposition, noting that Plaintiff Simpson has failed to file anything on the docket since their initial complaint and application to proceed in forma pauperis were filed approximately ten months ago. (See ECF No. 1, 2). As such, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 21) and DISMISSES Plaintiff’s complaint without prejudice for failure to prosecute. SO ORDERED. Date: April 19, 2024 s/ F. Kay Behm F. Kay Behm United States District Judge 2

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