Bethune v. Berghuis et al

Filing 25

ORDER Adopting Report and Recommendation 24 , Granting 17 Motion for Summary Judgment,, filed by Cregg, Patricia Caruso, B Evans, Renee A VanHouten, Mary Berghuis, R Smith, Gracik, Michael E Wilkinson Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HENRY BETHUNE, # 500130, Plaintiff, v. Magistrate Judge R. Steven Whalen MARY BERGHUIS, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Plaintiff, Henry Bethune, an inmate housed at the Earnest C. Brooks Correctional Facility, filed a complaint alleging various employees of the Michigan Department of Corrections violated his Eighth Amendment Rights. The Court subsequently referred this matter to Magistrate Judge R. Steven Whalen for all pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1)(B). In a Report and Recommendation ("R&R"), dated August 14, 2009, Magistrate Judge Whalen recommended that Defendants Mary Berghuis, Patricia Caruso, Rick Smith, Brian Evans, Jay Cregg, Michael Wilkinson, Renee VanHouten, and Judy Gracik's Motion for Summary Judgment be granted. The Magistrate Judge informed the parties that objections to the R&R must be filed within ten days of service and that a party's failure to file objections would waive any further right of appeal. See R&R at 16; 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2). Case No. 08-14412 Hon. Marianne O. Battani

Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation and GRANTS Defendants' request for summary judgment. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: September 9, 2009 CERTIFICATE OF SERVICE Copies of this Order were served upon Plaintiff and counsel of record on this date by ordinary mail and electronic filing. s/Bernadette M. Thebolt Deputy Clerk

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