Cruse v. Michigan Department of Corrections et al

Filing 26

Opinion and Order Adopting the Magistrate Judge's 23 Report and Recommendation Recommendation and Dismissing the Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JASON CRUSE,
Plaintiff,
v.

Case No. 1:20-cv-11632
Honorable Thomas L. Ludington
Magistrate Judge Kimberly Altman

CHARLES O. OZUKWE and JEFFREY
TANNER,
Defendants.
__________________________________________/
OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT &
RECOMMENDATION AND DISMISSING THE COMPLAINT
On May 18, 2020, Plaintiff Jason Cruse file a pro se complaint against Defendants in the
Western District of Michigan. ECF No. 1. He alleged that Defendants Ozukwe and Tanner were
informed of threats against his life and failed to protect him from a subsequent assault. ECF No.
23 at PageID.95–96. The case was transferred to the Eastern District of Michigan on June 22,
2020. ECF Nos. 1, 2, 3. All pretrial matters were referred to Magistrate Judge Kimberly Altman.
ECF No. 13. On December 21, 2020, Defendants filed a motion for summary judgment. ECF No.
17. Despite an order requiring Plaintiff to respond, no response was received. ECF No. 20.
On April 20, 2021, Magistrate Judge Altman issued a report and recommended that
Defendants’ Motion for Summary Judgment be granted. ECF No. 23. As of June 3, 2021, no
objections have been filed.
Although the Magistrate Judge’s Report states that the parties to this action could object to
and seek review of the recommendation within fourteen days of service of the Report, neither party
timely 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. Id.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation,
ECF No. 23, is ADOPTED.
It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED.
Dated: June 10, 2021

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

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