Mccormick v. Does et al

Filing 39

ORDER Adopting Magistrate Judge's 36 Report and Recommendation Granting Defendants' 19 Motion to Dismiss and Motion for Summary Judgment. Motions terminated: 19 MOTION to Dismiss filed by Correctional Medical Services, 27 MOTION for Summary Judgment filed by Roosevelt McCormick, and 36 REPORT AND RECOMMENDATION. Signed by District Judge Robert H. Cleland. (Ciesla, C)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROOSEVELT MCCORMICK,
Plaintiff,
v.

Case No. 13-11098

CORIZON HEALTH, INC.
AND JANE DOES,
Defendants.

/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION GRANTING DEFENDANTS’
MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT
This matter was referred to United States Magistrate Judge David R. Grand
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. In his report filed on
January 27, 2014, the magistrate judge recommended that this court grant Defendant
Corizon Health Inc.’s Motion to Dismiss [Dkt # 19] and deny Plaintiff McCormick’s
Motion for Summary Judgment [Dkt # 27]. 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 the
purposes of this 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).
1

Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate
Judge’s Report and Recommendation, Defendant Corizon Health, Inc.’s Motion to
Dismiss is GRANTED, Plaintiff McCormick’s Motion for Summary Judgment is DENIED
and the complaint is DISMISSED WITHOUT PREJUDICE as to Defendant Corizon
Health Inc.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: March 6, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, March 6, 2014, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]