Cruse v. Michigan Department of Corrections et al

Filing 33

ORDER Adopting the Magistrate Judge's 32 Report and Recommendation, Dismissing Defendant Ozukwe and Dismissing the 1 Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

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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 G. Altman CHARLES O. OZUKWE, Defendant. __________________________________________/ ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT & RECOMMENDATION, DISMISSING DEFENDANT OZUKWE, 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 Nos. 20. On April 20, 2021, Magistrate Judge Altman issued a report and recommended that Defendant Tanner’s motion for summary be granted. ECF No. 23. No objections were received and the recommendation was adopted. ECF Nos. 26, 31. On April 20, 2021, Judge Altman also entered an Order requiring Plaintiff to show cause why the claims against Defendant Ozukwe should not be dismissed for failure of service. ECF No. 24. On June 15, 2021, Magistrate Judge Altman issued a report and recommended that Defendant Ozukwe be dismissed without prejudice. ECF No. 32. She noted that Plaintiff “was given until May 20, 2021, to respond to the show cause order, however, he failed to file a response despite being warned ‘that a failure to respond to this Order may result in recommendation that Ozukwe be dismissed without prejudice.’” ECF No. 32 at PageID.120 (quoting ECF No. 24). 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. 32, is ADOPTED. It is further ORDERED that Defendant Ozukwe is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED. Dated: July 15, 2021 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge -2-

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