Williamson v. Hass et al

Filing 68

ORDER adopting 67 Report and Recommendation and denying 23 Motion for Emergency Preliminary Injunction. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
RODNEY WILLIAMSON,
Plaintiff,
v

Case No. 13-cv-11066
Honorable Thomas L. Ludington
Magistrate Judge Steve Whalen

RONDALL HASS, et al.,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION
FOR EMERGENCY PRELIMINARY INJUNCTION
On October 3, 2013, Plaintiff Rodney Williamson filed a motion for Emergency
Preliminary Injunction and Temporary Restraining Order. In his motion, Williamson, who
suffers from diabetes, alleges that he has been denied a therapeutic diabetic diet, medical shoes
and eye examinations, and educational programs regarding diabetes management.
On February 12, 2014, Magistrate Judge Steven Whalen issued a report recommending
that Williamson’s motion for preliminary injunction be denied with respect to Williamson’s
request for a therapeutic diabetic diet, medical shoes, and eye examinations. However, with
respect to Williamson’s request for educational programs, Magistrate Judge Whalen requested
supplemental briefs. This Court adopted the report and recommendation on March 11, 2014.
On April 25, 2014, Magistrate Judge Whalen issued a report recommending that
Williamson’s request for educational programs be denied. First noting that Williamson had not
responded to the request for supplemental briefs, Magistrate Judge Whalen explained that
Williamson had been provided with several opportunities for diabetes education—in direct
contradiction to Williamson’s assertions. According to an affidavit by the Michigan Department

of Corrections’ Registered Dietician, Williamson had received Diabetes Self-Management
Training on July 20, 2010; July 22, 2010; July 30, 2010; July 27, 2011; August 9, 2011; and
August 26, 2011. Because Williamson did not offer any evidence to rebut this affidavit,
Magistrate Judge Whalen recommended denying Williamson’s motion for a preliminary
injunction.
Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendation within fourteen days of service of the report,
neither Plaintiff nor Defendant filed any objections. The election not to file objections 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). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation
(ECF No. 67) is ADOPTED.
It is further ORDERED that Plaintiff’s Motion for Emergency Preliminary Injunction
(ECF No. 23) is DENIED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: May 14, 2014

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
Rodney Williamson #186967 at Chippewa Correctional Facility, Central
Complex, 4269 W. M-80, Kincheloe, MI 49784 by first class U.S. mail
on May 14, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

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