Heibel v. Caruso et al

Filing 24

ORDER Adopting Report and Recommendation Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT HEIBEL, Plaintiff, v. Magistrate Judge Mona K. Majzoub DIRECTOR PATRICIA CARUSO, et al., Defendants. ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION TO DISMISS Plaintiff Robert Heibel filed this action pro se alleging that his civil rights had been violated. The Court referred this action to Magistrate Judge Mona K. Majzoub for all pretrial proceedings. Thereafter, Defendants Brady and Prasad moved for dismissal. In a Report and Recommendation ("R&R") dated January 14, 2009, Magistrate Judge Majzoub recommended that the motion be granted because Heibel failed to exhaust his administrative remedies. See Doc. No. 22, R&R at 3. In the alternative, the Magistrate Judge concludes that Plaintiff's allegations against Dr. Prasad and Dr. Brady fail to state a claim of deliberate indifference to serious medical needs. Id. at 5. 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 Case No. 08-13078 Hon. Marianne O. Battani

and appeal. Accordingly, the Court ADOPTS the Report and Recommendation and DISMISSES the complaint. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATE: February 13, 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

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