Stone v. Harbaugh

Filing 28

ORDER Adopting Magistrate Judge's 26 Report and Recommendation and Denying Defendant's 19 Motion for Summary Judgment. Signed by District Judge Thomas L. Ludington. (KWin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION KYLE GREGORY STONE, Plaintiff, v. Case No. 1:23-cv-10855 Honorable Thomas L. Ludington United States District Judge RICHARD HARBAUGH, Defendant. ________________________________________/ Honorable Kimberly G. Altman United States Magistrate Judge ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before this Court upon Magistrate Judge Kimberly G. Altman’s Report and Recommendation (R&R), ECF No. 26, recommending that this Court deny Defendant’s Motion for Summary Judgment on the Basis of Exhaustion, ECF No. 19. Although the R&R states that Plaintiff could object to and seek review of the R&R within 14 days of service, neither Party objected. They have therefore waived their right to appeal Judge Altman’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Magistrate Judge Altman’s Report and Recommendation, ECF No. 26, is ADOPTED. Further, it is ORDERED that Defendant’s Motion for Summary Judgment on the Basis of Exhaustion, ECF No. 19, is DENIED. This is not a final order and does not close the above-captioned case. Dated: May 10, 2024 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge

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