Tellis v. Unknown Supervisor et al

Filing 45

ORDER Adopting Report and Recommendation (ECF No. 44 ) - Signed by District Judge Jonathan J.C. Grey. (SOso)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARRYL TELLIS,
Plaintiff,
v.

Case No. 22-12275
Hon. Jonathan J.C. Grey
Magistrate Judge Curtis Ivy, Jr.

MICHAEL BOUCHARD,
Defendant.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF
No. 44)
Plaintiff Darryl Tellis filed this case pro se on September 27, 2022,
against Defendant Michael Bouchard, Oakland County Sheriff, in his
individual capacity for violations of the Eighth Amendment. (ECF No. 1.)
On January 31, 2023, all pre-trial matters in this case were referred to
United States Magistrate Judge Curtis Ivy, Jr. (ECF No. 10.) On October
26, 2023, Bouchard filed a motion for summary judgment. (ECF No. 32.)
This matter comes before the Court on Magistrate Judge Curtis Ivy,
Jr.’s Report and Recommendation dated May 29, 2024. (ECF No. 44.) In
the Report and Recommendation, Judge Ivy recommends that the Court
grant Bouchard’s motion for summary judgment (ECF No. 32) and
dismiss Tellis’ claims for failing to show that Bouchard’s deliberate

indifference deprived Tellis of the minimal necessities of civilized life.
(ECF No. 44.) No party has filed an objection to the Report and
Recommendation.
The Court has had an opportunity to review this matter and finds
that the Magistrate Judge reached the correct conclusions for the proper
reasons. Finding no error in the Magistrate Judge’s Report and
Recommendation, the Court adopts the Report and Recommendation in
its entirety. Furthermore, as neither party has raised an objection to the
Report and Recommendation, the Court finds that the parties have
waived any further objections to the Report and Recommendation. Smith
v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987)
(a party’s failure to file any objections waives his or her right to further
appeal); Thomas v. Arn, 474 U.S. 140, 149 (1985).
For the reasons stated above, IT IS ORDERED that the Report
and Recommendation dated May 29, 2024 (ECF No. 44) is ADOPTED as
this Court’s findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Bouchard’s motion for
summary judgment (ECF No. 32) is GRANTED.

IT IS FURTHER ORDERED that this cause of action is
DISMISSED WITH PREJUDICE.
SO ORDERED.

Dated: September 25, 2024

s/Jonathan J.C. Grey
Jonathan J.C. Grey
United States District Judge

Certificate of Service
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First-Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on September 25, 2024.
s/ S. Osorio
Sandra Osorio
Case Manager