Levitan v. Maclean et al
Filing
65
OPINION and ORDER Adopting 64 REPORT AND RECOMMENDATION re 32 MOTION to Dismiss and Motion for Early Summary Judgment for Failure to Exhaust with Incorporated Memorandum of Law filed by Silverlight, Maclean, 41 MOTION for Summary Judgment For Failure to Exha Signed by District Judge Terrence G. Berg. (TMcg) (Main Document 65 replaced on 1/27/2025) (TMcg).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RANDALL RICHARD LEVITAN,
2:23-CV-12439-TGB-KGA
Plaintiff,
vs.
MACLEAN, JOHNSON, HILL
MAGNUSON, SILVERTHORN,
VAN, TROLLA, FREEMAN,
PARR, HILDRETH, WILLIS
CHAPMAN, AKOMOLAFE, AND
JOHN DOES,
OPINION AND ORDER
ADOPTING REPORT AND
RECOMMENDATION
(ECF NO. 64)
Defendants.
This matter is before the Court on Magistrate Judge Kimberly G.
Altman’s December 19, 2024 Report and Recommendation (ECF No. 64),
recommending that Defendants’ Motions to Dismiss and for Summary
Judgment (ECF Nos. 32, 41, 46) be granted, that the Court sua sponte
dismiss “Unknown Parties, John Doe, and Freeman” from the case, and
that this matter be dismissed without prejudice.
The Court has reviewed the Magistrate Judge’s Report and
Recommendation and finds that it is well-reasoned and supported by the
applicable law. The law provides that either party may serve and file
written objections “[w]ithin fourteen days after being served with a copy”
of the report and recommendation. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the report
… to which objection is made.” Id. Where, as here, neither party objects
to the report, the district court is not obligated to independently review
the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court
will, therefore, accept Judge Altman’s December 19, 2024 Report and
Recommendation as its findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Judge Altman’s
December 19, 2024 Report and Recommendation (ECF No. 64) is
ACCEPTED and ADOPTED. It is FURTHER ORDERED that the
case is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: January 27, 2025 /s/Terrence G. Berg
HON. TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
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