Bennett v. MDOC et al

Filing 42

ORDER (1) Denying Jackson Allegiance Hospital's 18 Motion to Dismiss and (2) Denying Michigan Department of Corrections' 27 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CARL BENNETT, Plaintiff, Case No. 15-cv-14465 Hon. Matthew F. Leitman v. MICHIGAN DEPT. OF CORRECTIONS, ET AL., Defendants. _________________________________/ ORDER (1) DENYING JACKSON ALLEGIANCE HOSPITAL’S MOTION TO DISMISS (ECF #18) AND (2) DENYING MICHIGAN DEPARTMENT OF CORRECTIONS’ MOTION TO DISMISS (ECF #27) On December 24, 2015, Plaintiff Carl Bennet, a prison inmate in the custody of the Michigan Department of Corrections (“MDOC”), filed a pro se civil complaint in this Court. On June 30, 2016 and September 16, 2016 respectively, Defendant Jackson Allegiance Hospital and Defendant MDOC filed motions to dismiss (the “Motions”) (ECF ## 18, 27). On December 05, 2016, the assigned Magistrate Judge issued a report and recommendation (the “R&R”) in which he recommended that the Court deny the Motions as moot. (See ECF #36 at 1, Pg. ID 301.) At the conclusion of the R&R, the Magistrate Judge instructed the parties that “[a]ny objections to the [R&R] must be filed within fourteen (14) days of service.” 1 (Id. at 2, Pg. ID 302.) The parties were also told that the “[f]ailure to file specific objections constitutes a waiver of any further right of appeal.” (Id.) Jackson and MDOC have not filed any objections to the R&R. As the Magistrate Judge informed the parties, the failure to file an objection to a report and recommendation waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge. Therefore, IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to deny the Motions is ADOPTED. IT IS FURTHER ORDERED that (1) Defendant Jackson Allegiance Hospital’s motion to dismiss (ECF #18) is DENIED and (2) Defendant MDOC’s motion to dismiss (ECF #27) is DENIED.         Dated: January 20, 2017     s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE 2 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 20, 2017, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 3

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