Hall v. Pandya et al

Filing 48

ORDER Adopting 45 Report and Recommendation and Granting Defendants 29 Motion for Summary Judgment. Signed by District Judge Thomas L. Ludington. (Sandusky, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
MATTHEW HALL,
Plaintiff,
v

Case No. 14-cv-12022
Honorable Thomas L. Ludington
Magistrate Judge Mona K. Majzoub

HARESH PANDYA, et al.,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Matthew Hall, currently a prisoner at the Carson City Correctional Facility
located in Carson City, Michigan, filed this pro se civil rights action on May 20, 2014, pursuant
to 42 U.S.C. § 1983, alleging that Defendants Haresh Pandya and Corizon Health, Inc. were
deliberately indifferent to his medical needs in violation of the Eighth Amendment. (ECF No. 1.)
On February 23, 2015, Defendant Corizon Health filed a motion for summary judgment (ECF
No. 29).
On August 3, 2015, Magistrate Judge Mona K. Majzoub issued a report recommending
that Defendant Corizon Health’s motion for summary judgment be granted (ECF No. 45). Judge
Majzoub noted that Hall had not shown that Corizon Health had implemented any policy,
custom, or practice that deprived Hall of his Eighth Amendment rights. Accordingly, Judge
Majzoub concluded that Hall had not established a prima facie case against Corizon Health under
42 U.S.C. § 1983.
Although Magistrate Judge Majzoub’s report explicitly stated that the parties to this
action could 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. 45) is ADOPTED.
It is further ORDERED that Defendant Corizon Health’s motion for summary judgment
(ECF No. 29) is GRANTED. Plaintiff Hall’s Complaint is dismissed as to Defendant Corizon
Health.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: September 4, 2015

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 September 4, 2015.
s/Karri Sandusky
Karri Sandusky, Acting Case Manager

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