Garrison v. Michigan Department of Corrections, et al

Filing 158

ORDER Adopting 156 Report and Recommendation and Granting Defendants' 154 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (CGre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

MICHAEL GARRISON,
Plaintiff,
v.

Case Number 09-cv-14560
Honorable Thomas L. Ludington

MICHIGAN DEPT. OF
CORRECTIONS ET AL.,
Defendants.
________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING DEFENDANTS’ MOTION TO DISMISS

This matter is before the Court on the report and recommendation (ECF No. 156) issued
by Magistrate Judge R. Steven Whalen on August 10, 2011, on Defendants’ motion to dismiss
(ECF No. 154). Judge Whalen recommends that the Court grant the motion to dismiss the
complaint of Plaintiff Michael Garrison, which asserts claims pursuant to 42 U.S.C. § 1983 and
the Religious Land Use and Institutionalized Person Act of 2000, 42 U.S.C. § 2000cc et seq.
Specifically, Judge Whalen recommends that the Court dismiss Plaintiff’s claims for a failure to
prosecute this action, as Plaintiff has taken no action since December 28, 2009, when Plaintiff
filed a change of address indicating that he was residing at the Pugsley Correctional Facility in
Kingsley, Michigan. ECF No. 147. Plaintiff was released on parole on February 9, 2010,
however, he has not informed this Court of any updated mailing address. The report and

recommendation was served on Plaintiff’s address of record, but was returned as undeliverable.
Local Rule 11.2 provides:
Every attorney and every party not represented by an attorney must include his or
her contact information consisting of his or her address, e-mail address, and
telephone number on the first paper that person files in a case. If there is a change
in the contact information, that person promptly must file and serve a notice with
the new contact information. The failure to file promptly current contact
information may subject that person or party to appropriate sanctions, which may
include dismissal, default judgment, and costs.
E.D. Mich. LR 11.2. As the report and recommendation was properly served in accordance with
this Court’s Local Rules, the matter is ripe for adjudication.
As of today’s date, no party has filed any objections to Judge Whalen’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 Judge Whalen’s report and recommendation (ECF
No. 156) is ADOPTED.
It is further ORDERED that Defendants’ to dismiss (ECF No. 154) is GRANTED.
It is further ORDERED that Plaintiff’s complaint is DISMISSED WITH PREJUDICE.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: September 2, 2011

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PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney of record herein by electronic means and upon
Michael Garrison, #237608, at Pugsley Correctional Facility, 7401 East
Walton Road, Kingsley, MI 49649 by first class U.S. mail on September
2, 2011
s/Tracy A. Jacobs
TRACY A. JACOBS

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