Whorton v. Peterson et al

Filing 27

ORDER Adopting 26 Report and Recommendation, Granting Defendants' 20 Motion for Summary Judgment, and Dismissing Plaintiff's 1 Complaint Without Prejudice. Signed by District Judge Thomas L. Ludington. (KWin)

Case 1:21-cv-12011-TLL-EAS ECF No. 27, PageID.282 Filed 11/21/22 Page 1 of 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JAMES M. WHORTON,
Plaintiff,
v.

Case No. 1:21-cv-12011
Honorable Thomas L. Ludington
United States District Judge

JAMES PETERSON and BARTKOWIAK,
Defendants.
________________________________________/

Honorable Elizabeth A. Stafford
United States Magistrate Judge

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DISMISSING
PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE
Magistrate Judge Elizabeth A. Stafford issued a Report and Recommendation (R&R)
recommending that the undersigned grant Defendants’ motion for summary judgment, ECF No.
20, and dismiss Plaintiff’s Complaint without prejudice. ECF No. 26 at PageID.279.
Although the R&R states that Plaintiff could object to and seek review of the R&R within
14 days of service, Plaintiff did not file any objections. Therefore, he has waived his right to appeal
Judge Stafford’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Magistrate Judge Stafford’s Report and
Recommendation, ECF No. 26, is ADOPTED. Further, it is ORDERED that Defendants’ Motion
for Summary Judgment, ECF No. 20, is GRANTED. Further, it is ORDERED that Plaintiff’s
Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE.
This is a final order and closes the above-captioned case.
Dated: November 21, 2022

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