Lane v. Whipple et al

Filing 39

ORDER ACCEPTING AND ADOPTING 36 REPORT AND RECOMMENDATION Granting 22 MOTION for Summary Judgment, Defendant Landfair is Dismissed - Signed by District Judge Nancy G. Edmunds. (LBar)

Case 2:20-cv-13444-NGE-EAS ECF No. 39, PageID.315 Filed 02/14/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEITH LANE,
Plaintiff,

Case No. 20-13444

v.

Honorable Nancy G. Edmunds

CONNIE WHIPPLE, et al.,
Defendants.
_______________________________/
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S
JANUARY 5, 2022 REPORT AND RECOMMENDATION [36]
This is a pro se prisoner civil rights lawsuit filed under 42 U.S.C. § 1983 by Plaintiff
Keith Lane alleging he has been denied adequate medical care while in the custody of
the Michigan Department of Corrections. (ECF No. 1.) The case has been referred to
Magistrate Judge Elizabeth A. Stafford for all pre-trial matters. (ECF No. 15.) Defendant
Sirena Landfair moves for summary judgment based on Plaintiff’s failure to exhaust his
administrative remedies with regard to any claims against her. (ECF No. 22.) Before the
Court is the Magistrate Judge’s January 5, 2022 report and recommendation to grant
Defendant Landfair’s motion. (ECF No. 36.) Neither party has filed objections. “[T]he
failure to object to the magistrate judge’s report[] releases the Court from its duty to
independently review the matter.” See Hall v. Rawal, No. 09-10933, 2012 U.S. Dist.
LEXIS 120541, at *2 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149
(1985)). Nonetheless, the Court agrees with the Magistrate Judge’s recommendation.
The Court, therefore, ACCEPTS AND ADOPTS the report and recommendation (ECF

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Case 2:20-cv-13444-NGE-EAS ECF No. 39, PageID.316 Filed 02/14/22 Page 2 of 2

No. 36) and GRANTS Defendant Landfair’s motion for summary judgment (ECF No. 22).
Accordingly, Defendant Landfair is DISMISSED WITHOUT PREJUDICE from this matter.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: February 14, 2022
I hereby certify that a copy of the foregoing document was served upon counsel of record
on February 14, 2022, by electronic and/or ordinary mail.
s/Lisa Bartlett
Case Manager

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