Heard v. Strange et al

Filing 35

ORDER Adopting 33 Report and Recommendation and Denying 23 Motion for Summary Judgment - Signed by District Judge Nancy G. Edmunds. (LBar)

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Case 2:21-cv-10237-NGE-PTM ECF No. 35, PageID.276 Filed 04/19/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAMONT HEARD, Plaintiff, Case No. 21-10237 v. Honorable Nancy G. Edmunds YARNICE STRANGE, JEFFREY OOSTERHOF, ADAM DOUGLAS, and CHRISTIAN ALCORN, Defendants. ____________________________________/ ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MARCH 22, 2022 REPORT AND RECOMMENDATION [33] This is a pro se prisoner civil rights lawsuit filed under 42 U.S.C. § 1983 by Plaintiff Lamont Heard bringing First Amendment retaliation claims against Defendants. (ECF No. 11.) The case has been referred to Magistrate Judge Patricia T. Morris for all pretrial matters. (ECF No. 15.) Before the Court is the Magistrate Judge’s March 22, 2022 report and recommendation to deny Plaintiff’s motion for summary judgment. (ECF No. 33.) No party has filed objections to the report and recommendation. “[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 No. 33). Accordingly, Plaintiff’s motion for summary judgment (ECF No. 23) is DENIED. 1 Case 2:21-cv-10237-NGE-PTM ECF No. 35, PageID.277 Filed 04/19/22 Page 2 of 2 SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: April 19, 2022 I hereby certify that a copy of the foregoing document was served upon counsel of record on April 19, 2022, by electronic and/or ordinary mail. s/Lisa Bartlett Case Manager 2

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