Lowe v. Vadlamudi et al

Filing 53

ORDER Adopting Report and Recommendation - 49 Report and Recommendation, granting 23 Motion to Dismiss filed by Patricia Caruso, and dismissing defendant Patricia Caruso. Signed by District Judge David M Lawson. (DHam)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DONALD LOWE, Plaintiff, v. SEETHA VADLAMUDI, ELIZABETH TATE, RUTH INGRAM, CORRECTIONAL MEDICAL SERVS., and PATRICIA CARUSO, Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT Presently before the Court is the report issued on October 2, 2008 by Magistrate Judge Majzoub pursuant to 28 U.S.C. 636(b), recommending that this Court grant the defendant's motion for summary judgment. 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 # 49] is ADOPTED. Case Number 08-10269 Honorable David M. Lawson Magistrate Judge Mona K. Majzoub It is further ORDERED that the defendant Caruso's motion for summary judgment [dkt # 23] are GRANTED. Patricia Caruso is dismissed from this case. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: October 21, 2008 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 October 21, 2008. s/Felicia M. Moses FELICIA M. MOSES -2-

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