Chamberlain v. Nielsen et al

Filing 14

ORDER Adopting 12 Report and Recommendation Signed by District Judge Marianne O Battani. (BThe)

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Chamberlain v. Nielsen et al Doc. 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PATRICK CHAMBERLAIN, Plaintiff, v. Magistrate Judge Virginia M. Morgan JERRY NIELSEN, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, Patrick Chamberlain, filed a complaint alleging that while he was a pretrial detainee at the Midland County Jail, various County employees violated his constitutional rights. The Court subsequently referred this matter to Magistrate Judge Virginia M. Morgan for all pretrial proceedings pursuant to 28 U.S.C. 636(b). On June 16, 2010, the Magistrate Judge recommended that the Court dismiss Plaintiff's remaining medical care claims because he failed to identify the John Doe defendants within the time specified by the Court's order. See Doc. No. 6. The Magistrate Judge informed the parties that objections to the R&R must be filed within fourteen days of service and that a party's failure to file objections would waive any further right of appeal. See R&R at 3-4; 28 U.S.C. 636(b)(1) and E.D. Mich. LR 72.1(d)(2). 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 DISMISSES Plaintiff's Complaint in its entirety. Case No. 10-10676 Hon. Marianne O. Battani IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: July 22, 2010 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 Case Manager 2

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