Taylor v. Corizon Medical Corporation et al

Filing 44

ORDER adopting 41 Report and Recommendation and granting 17 Motion to dismiss. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MAURICE TAYLOR,
Plaintiff,
v.

Case Number 17-12271
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti

CORIZON MEDICAL CORPORATION,
and MICHIGAN DEPARTMENT
OF CORRECTIONS,
Defendants.
____________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT’S MOTION TO DISMISS,
AND DISMISSING COMPLAINT WITH PREJUDICE
Presently before the Court is the report issued on April 3, 2018 by Magistrate Judge Anthony
P. Patti pursuant to 28 U.S.C. § 636(b), recommending that the Court grant defendant Michigan
Department of Corrections’s motion to dismiss. Although the report stated that the parties to this
action could 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.
#41] is ADOPTED.

It is further ORDERED that defendant Michigan Department of Corrections’s motion to
dismiss [dkt. #17] is GRANTED.
It is further ORDERED that the complaint is DISMISSED WITH PREJUDICE as to
defendant Michigan Department of Corrections ONLY.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: April 23, 2018
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 April 23, 2018.
s/Susan Pinkowski
SUSAN PINKOWSKI

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