Catanzaro v. MDOC et al

Filing 139

ORDER adopting 125 Report and Recommendation and denying Hart's 84 Motion to Dismiss Plaintiff Garrison's Claims for the Complaint. Signed by District Judge Thomas L Ludington. (SSch)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MATTHEW CATANZARO, MICHAEL GARRISON, Plaintiffs, v. MICHIGAN DEPARTMENT OF CORRECTIONS, et al, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT HART'S MOTION TO DISMISS PLAINTIFF GARRISON'S CLAIMS FROM THE COMPLAINT This matter is before the Court on a report and recommendation issued by Magistrate Judge R. Steven Whalen on August 31, 2009. The magistrate judge recommends that the Court deny Defendant Vercilla Hart's motion to dismiss Plaintiff Garrison's claims from the complaint [Dkt. # 84] because the Sixth Circuit has vacated the judgment, upon which Defendant's motion relied, enjoining Plaintiff Garrison from filing or participating in certain civil actions. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 125] is ADOPTED. Case Number 08-11173 Honorable Thomas L. Ludington Magistrate Judge R. Steven Whalen

It is further ORDERED that Defendant Hart's motion to dismiss Plaintiff Garrison's claims from the complaint [Dkt. # 84] is DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: November 17, 2009

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 November 17, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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