Hazelwood v. Soles

Filing 20

ORDER Adopting Magistrate Judge's Report and Recommendations, Granting Defendant Soles's Motion for Summary Judgment, Granting Defendant Pine River's Motion to Dismiss, Denying Plaintiff's Motion for Protective Order, and Denying Plaintiff's Motion for Relief. Signed by District Judge Thomas L Ludington. (JCre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION RONNIE HAZELWOOD, Plaintiff, v. KARY SOWELS and PINE RIVER CORRECTIONAL FACILITY, Defendants. ______________________________________ / ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND RECOMMENDATIONS, GRANTING DEFENDANT SOLES'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT PINE RIVER'S MOTION TO DISMISS, DENYING PLAINTIFF'S MOTION FOR PROTECTIVE ORDER, AND DENYING PLAINTIFF'S MOTION FOR RELIEF This matter is before the Court on two reports and recommendations issued by Magistrate Judge Stephen D. Pepe, on November 17, 2008. The magistrate judge recommended that the Court grant Defendants' dispositive motions and deny Plaintiff's motions. None of the parties to this action filed objections to the report and recommendation. A party's failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 reports and recommendations [Dkt. # 18, 19] are ADOPTED. It is further ORDERED that Defendant Soles's motion for summary judgment [Dkt. # 11] and Defendant Pine River's motion to dismiss [Dkt. # 17] are GRANTED. Case Number 08-12742-BC Honorable Thomas L. Ludington It is further ORDERED that Plaintiff's motion for a protective order [Dkt. # 8] and motion for relief [Dkt. # 13] are DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: December 17, 2008 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 December 17, 2008. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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