Hines v. Corrections Mental Health Program

Filing 54

ORDER Adopting 49 Report and Recommendation, Granting Defendant's 44 Motion to Dismiss, and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Thomas L. Ludington. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
NATHANIEL HINES,
Plaintiff,
v.

Case No. 14-cv-13619
Honorable Thomas L. Ludington
Magistrate Stephanie Dawkins Davis

MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANT’S MOTION TO DISMISS, AND DISMISSING PLAINTIFF’S
COMPLAINT
On September 17, 2014, Plaintiff Nathaniel Hines filed a Complaint against Defendants
alleging he was involuntarily injected with anti-psychotic medication in violation of the Eighth
Amendment and his due process rights. Compl., ECF No. 1. On February 10, 2016, Defendants
filed a motion to dismiss. ECF No. 44. On August 22, 2016, Magistrate Judge Davis issued a
report recommending that the Defendant’s motion to dismiss be granted and that Plaintiff’s
complaint be dismissed. ECF No. 49. The Magistrate Judge’s report found that Plaintiff’s claims
against the Michigan Department of Corrections was barred by the Eleventh Amendment. The
Magistrate Judge also found that Plaintiff failed to state a viable Eighth Amendment claim
because he failed to allege that the prison doctors provided grossly inadequate care. The report
further found that Plaintiff did not state a claim for deprivation of liberty without due process of
law. Finally, the Magistrate Judge found that Plaintiff’s claims were barred by qualified
immunity.

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. 49, is ADOPTED.
It is further ORDERED that Defendants’ motion to dismiss, ECF No. 44, is GRANTED.
It is further ORDERED that Plaintiff’s complaint, ECF No. 1, is DISMISSED.

Dated: September 23, 2016

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

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 23, 2016.
s/Michael A. Sian
MICHAEL A. SIAN

-2-