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)

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