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)

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.”
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(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

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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
[phone]

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