Garrison v. Michigan Department of Corrections, et al

Filing 116

ORDER adopting 89 , 92 Report and Recommendation and denying 24 Motion to force medical treatment. Signed by District Judge Thomas L Ludington. (DPer)

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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 PLAINTIFF CATANZARO'S MOTION TO FORCE MEDICAL TREATMENT This matter is before the Court on a report and recommendation [Dkt # 89, 92] issued by Magistrate Judge R. Steven Whalen on April 30, 2009. The magistrate judge recommends that the Court deny Plaintiff Catanzaro's motion to force medical treatment [Dkt. # 24] because Plaintiff seeks relief on behalf of another inmate. 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 # 89, 92] is ADOPTED. Case Number 08-11173 Honorable Thomas L. Ludington Magistrate Judge R. Steven Whalen It is further ORDERED that Plaintiff Catanzaro's motion to force medical treatment [Dkt. # 24] is DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: July 14, 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 July 14, 2009. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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