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)

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

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