Dorch v. Crittenden et al

Filing 16

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by District Judge Robert H Cleland. (DWor)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER D. DORCH Plaintiff, v. RITA CRITTENDEN, et al., Defendants / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter was referred to United States Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his July 20, 2010 report, the magistrate judge recommends that this court grant Defendants' Motion for Summary Judgment, (Doc #11) as the Plaintiff failed to exhaust his administrative remedies. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), thus further appeal rights are waived.1 Having reviewed the file and the Report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order. CASE NO: 09-CV-13936-DT

ORDER

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). Any objection was due with the ten days of service, Fed.R.Civ.P.6(e). No objection has been filed as of the date of this order.

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IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Defendants' Motion for Summary Judgment (Doc #11) is GRANTED.

S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: August 17, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 17, 2010, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

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