McCloy v. Michigan Department of Corrections et al

Filing 140

ORDER Adopting 136 Report and Recommendation for 91 Motion for TRO filed by David McCloy, Signed by District Judge David M. Lawson. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID McCLOY, Plaintiff, v. CORRECTION MEDICAL SERVICES LAFLER, RIVARD, WASHINGTON, DOVE, PATTON, AMY BURTON, DIANE TEMPLE, WILKENSON, TROMBLEY, THOMSON, and MORRIS Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION FOR TRO Presently before the Court is the report issued on May 28, 2009, by Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b) recommending that this Court deny the plaintiff's motion for TRO. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, no objections have been filed. The parties' failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge. Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 136] is ADOPTED. Case Number 07-13839 Honorable David M. Lawson Magistrate Judge Michael J. Hluchaniuk

It is further ORDERED that the plaintiff's motion for a TRO [dkt. #91] is DENIED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: May 19, 2009

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on May 19, 2009. s/Lisa M. Ware LISA M. WARE

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