McDaniel v. Bechard et al

Filing 37

ORDER Adopting 35 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER McDANIEL, v. Plaintiff, Case No. 15-13892 T. BECHARD and P. STEELE, Defendant. HON. TERRENCE G. BERG HON. DAVID R. GRAND / ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 35) This matter is before the Court on Magistrate Judge David R. Grand’s August 2, 2017 Report and Recommendation (Dkt. 35), recommending that Defendants’ Motion to Dismiss and/or for Summary Judgment (Dkt. 24) be GRANTED. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a 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 the Magistrate’s Report and Recommendation of August 2, 2017 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Grand’s Report and Recommendation of August 2, 2017 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendants’ Motion to Dismiss and/or for Summary Judgment is GRANTED and that Plaintiff’s claims are DISMISSED WITH PREJUDICE except for his Eighth Amendment claim for alleged denial of food, which is DISMISSED WITHOUT PREJUDICE. SO ORDERED. Dated: August 25, 2017 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE Certificate of Service I hereby certify that this Order was electronically submitted on August 25, 2017, using the CM/ECF system, which will send notification to all parties. s/A. Chubb Case Manager 2  

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