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)
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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