Gray v. Central Michigan Correctional Facility

Filing 21

ORDER Adopting Report and Recommendation 8 denying deft's Motion to Dismiss 19 Signed by District Judge Nancy G. Edmunds. (CBet)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EARL C. GRAY, Case No. 16-13639 Plaintiff, Honorable Nancy G. Edmunds v. CORRECTIONS OFFICER KING, Defendant. / OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [19] In a report and recommendation ("R&R") issued on July 14, 2017 (Dkt. 19), Magistrate Judge Mona K. Majzoub recommends that this Court deny Defendant's motion to dismiss. (Dkt. 8.) Neither party has filed objections to the R&R, and the deadline for doing so has passed. The parties' failure to file objections to the R&R waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Furthermore, the failure to object to the R&R releases this Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Nonetheless, having reviewed the R&R, the underlying motion, and the record, this Court concurs with the Magistrate Judge's analysis, and therefore ACCEPTS and ADOPTS the Magistrate Judge's R&R. Therefore, it is hereby ordered that Defendant's motion to dismiss is DENIED. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: August 2, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 2, 2017, by electronic and/or ordinary mail. s/Carol J. Bethel Case Manager 2

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