Bradford v. Albercook et al

Filing 53

ORDER Accepting and Adopting 52 Report and Recommendation, and Granting Defendant's 35 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DANIEL L. BRADFORD,
Plaintiff,
Civil Action No. 16-CV-12214
Hon. Terrence G. Berg

v.
CAREN ALBERCOOK, et al.,
Defendant.

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 52) AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
(DKT. 34 & 35)
This matter is before the Court on Magistrate Judge Mona K.
Majzoub’s July 31, 2018 Report and Recommendation (Dkt. 52), recommending that Motions for Summary Judgment filed by Defendants Caren
Albercook, M.D. (Dkt. 35), Michigan Department of Corrections Health
Unit Manager Connie Ives (Dkt. 34), Corrections Officer James Richardson (Id.), and Resident Unit Manager Eric Walton (Id.) be granted, and
that all claims against them be dismissed.
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 the

report and recommendations. 28 U.S.C. § 636(b)(1). As of this date, Plaintiff has not filed any objections, and the time to do so has now expired.
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, 14952 (1985). The Court will, therefore, accept the Magistrate Judge’s Report and Recommendation of July 31, 2018, as this Court’s findings of
fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge
Majzoub’s Report and Recommendation of July 31, 2018, (Dkt. 52) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendants’ Motions for Summary Judgment (Dkt. 34, 35) are GRANTED, and
that all claims against her are DISMISSED WITH PREJUDICE.
SO ORDERED.

Dated: August 21, 2018

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 21,
2018, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager
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