Robinson v. DeAngelo et al

Filing 56

ORDER 54 Report and Recommendation, Granting 29 Motion for Summary Judgment and 51 Motion for Summary Judgment. Signed by District Judge David M. Lawson. (SPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL ROBINSON, Plaintiff, v. Case Number 16-10264 Honorable David M. Lawson Magistrate Judge Stephanie Dawkins Davis DEANGELO, EVANS, MARY PARSON, MITCHELL SOLOMON, HANNA SAAD, CHARLES CAPICCHIONI, JOSEPH LIBBY, THOMAS BEHRMANN, WHITNEY WRIGHT, MICHAEL BENNETT, JOHN MACARI, RICHARD IPEMUDIA, YEE, DAVID DAWDY, GAZDECKI, ROSEN, and JOHN DOE, Defendant. ____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT, AND DISMISSING COMPLAINT WITHOUT PREJUDICE This matter is before the Court on the report issued on January 26, 2017 by Magistrate Judge Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the defendants’ motions for summary judgment and dismiss the complaint without prejudice, on the ground that the plaintiff pro se prisoner failed to exhaust available administrative remedies before initiating this lawsuit. Although the magistrate judge’s report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties’ failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt. #54] is ADOPTED. It is further ORDERED that the defendants’ motions for summary judgment [dkt. #29, 51] are GRANTED, and the complaint is DISMISSED without prejudice. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: February 24, 2017 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 24, 2017. s/Susan Pinkowski SUSAN PINKOWSKI -2-

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