Butler v. Michigan Department of Corrections et al

Filing 69

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 67 and DENYING MOTION FOR SUMMARY JUDGMENT 62 Signed by District Judge Denise Page Hood. (TTho)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS REED BUTLER,
Plaintiff,
Case No. 20-11100
v.
HON. DENISE PAGE HOOD
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
___________________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION (ECF NO. 67) and
DENYING MOTION FOR SUMMARY JUDGMENT (ECF No. 62)
This matter is before the Court on Magistrate Judge Anthony P. Patti=s
February 16, 2024 Report and Recommendation (ECF No. 67) to deny Defendant
Deena M. Leighton=s Motion for Summary Judgment (ECF No. 62). To date, no
Objections have been filed to the Report and Recommendation.
The standard of review by the district court when examining a Report and
Recommendation is set forth in 28 U.S.C.' 636. This Court Ashall make a de novo
determination of those portions of the report or the specified proposed findings or
recommendations to which an objection is made.@ 28 U.S.C. ' 636(B)(1)(c). The
Court Amay accept, reject or modify, in whole or in part, the findings or
recommendations made by the Magistrate.@ Id. In order to preserve the right to

appeal the Magistrate Judge=s recommendation, a party must file objections to the
Report and Recommendation within fourteen (14) days of service of the Report
and Recommendation.

Fed. R. Civ. P. 72(b)(2).

Failure to file specific

objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474
U.S. 140 (1985); Howard v. Secretary of Health and Human Servs., 932 F2d 505
(6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
After review of the February 16, 2024 Report and Recommendation, the
Court finds that the Magistrate Judge=s conclusions are correct. The Court agrees
with the Magistrate Judge that Defendant Leighton has not shown that she is
entitled to relief for Plaintiff=s alleged failure to exhaust available administrative
remedies under 42 U.S.C. ' 1997e(a).

Accordingly,

IT IS ORDERED that Magistrate Judge Anthony P. Patti=s Report and
Recommendation (ECF No. 67) is ACCEPTED AND ADOPTED as this Court=s
findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendant Deena M. Leighton=s Motion
for Summary Judgment (ECF No. 62) is DENIED.
s/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: March 26, 2024

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