Williams v. Caruso et al

Filing 68

ORDER Adopting Report and Recommendation for 45 Motion to Dismiss,,,, Motion for Summary Judgment,,, filed by Nick Ludwich, Patricia Caruso, Rachael Johnson, Barbara Sampson, Gary Kasenaw, John Rubitschun, D Mallot, Cynthia Johnson, Carmen Palmer, M Berghuis, Schooly, Cleveland Boyd, Kenneth Romanowski, 67 Report and Recommendation,, Patricia Caruso; Cynthia Johnson; Rachael Johnson; Gary Kasenaw; Nick Ludwich; D Mallot; Carmen Palmer; Kenneth Romanowski; John Rubitschun; Barbara Sampson; Schooly; M Berghuis and Cleveland Boyd terminated. Signed by District Judge David M. Lawson. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD WILLIAMS, Plaintiff, v. PATRICIA CARUSO, NICK LUDWICH, DEPUTY WARDEN SCHOOLEY, CLEVELAND BOYD, M. BERGHUIS, DR. SANTIAGO, MARILYN HARRIS, CARMEN PALMER, D. MALLOT, JOHN RUBITSCHUN, BARBARA SAMPSON, CYNTHIA JOHNSON, GARY KASENAW, RACHAEL JOHNSON, and KENNETH ROMANOWSKI, Defendants. __________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE Presently before the Court is the report issued on March 17, 2009 by Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the motion for summary judgment brought by all defendants except for Marilyn Harris and Dr. Santiago. 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 matter. 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 Case Number 08-10044 Honorable David M. Lawson Mag. Judge Michael J. Hluchaniuk

# 67] is ADOPTED. It is further ORDERED that the motion to dismiss or for summary judgment brought by certain defendants [dkt # 45] is GRANTED and the plaintiff's claims against Patricia Caruso, Cleveland Boyd, Mary Berghius, Cynthia Johnson, Rachel Johnson, Nick Ludwick, Carmen Palmer, D. Mallot, Kenneth Romanowski, John Rubitschun, Barbara Sampson, Scott Schooley, and Gary Kasenow are DISMISSED with prejudice. The case may proceed against defendants Marilyn Harris and Dr. Santiago. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: April 6, 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 April 6, 2009. s/Lisa M. Ware LISA M. WARE