Newell v. Estes et al

Filing 33

ORDER Adopting Report and Recommendation for 25 Motion to Dismiss filed by Rosettus Weeks, 31 Report and Recommendation Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICKY NEWELL, Plaintiff, v. Magistrate Judge Steven D. Pepe KEVIN ESTES and ROSETTUS WEEKS, Defendants. ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION TO DISMISS Plaintiff Ricky Newell filed this action pro se alleging that his civil rights have been violated. The Court referred this action to Magistrate Judge Steven D. Pepe for all pretrial proceedings. Thereafter, Defendant Rosettus Weeks moved for dismissal, arguing Plaintiff failed to exhaust his administrative remedies (Doc. No. 25). In a Report and Recommendation ("R&R") dated June 15, 2009, Magistrate Judge Pepe recommended that the motion be granted because Newell failed to exhaust his administrative remedies. See Doc. No. 31. Under 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2), a party seeking review of a magistrate judge's report and recommendation is required to act within ten days of service of the R&R. A party's failure to file objections waives any further right of appeal. Because Plaintiff filed no objection in this case, he has waived his right to de novo review and appeal. Case No. 06-12668 Hon. Marianne O. Battani

Accordingly, the Court ADOPTS the Report and Recommendation and GRANTS Defendant Weeks' Motion to Dismiss. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATE: July 22, 2009

CERTIFICATE OF SERVICE Copies of this Order were mailed and/or e-filed to Plaintiff and counsel of record on this date. s/Bernadette M. Thebolt Deputy Clerk

2