Newman v. Hissong et al

Filing 24

OPINION and ORDER Accepting and Adopting 22 REPORT AND RECOMMENDATION and Granting 17 MOTION for Partial Summary Judgment filed by G. Hissong, Michigan Department of Corrections. Signed by District Judge Stephanie Dawkins Davis. (THal)

Case 4:19-cv-11751-SDD-PTM ECF No. 24 filed 10/15/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDWARD NEWMAN,
v.

Case No. 19-11751

Plaintiff,

Stephanie Dawkins Davis
United States District Judge

G. HISSONG, et al.,

Patricia T. Morris
United States Magistrate Judge

Defendants.
____________________________/

OPINION AND ORDER ACCEPTING AND ADOPTING REPORT
AND RECOMMENDATION (ECF NO. 22) AND GRANTING
THE MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 17)
This matter is before the Court on a motion for partial summary judgment
filed by defendants. This Court referred the matter to Magistrate Judge Patricia T.
Morris, who issued a Report and Recommendation on August 12, 2020,
recommending that the Court grant the motion for partial summary judgment,
dismissing the claims against defendant Hissong, dismissing Count II in its
entirety, and dismissing any official capacity claims against Hissong and the
Michigan Department of Corrections (MDOC), leaving in place only plaintiffs’
claims under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq., and
the Rehabilitation Act, 29 U.S.C. § 701, et seq., against the MDOC. (ECF No. 22,
PageID.128).

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Case 4:19-cv-11751-SDD-PTM ECF No. 24 filed 10/15/20

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Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation, and the 14-day time period for filing objections has expired.
See 28 Fed.R.Civ.P. 72(b)(2); E.D. Mich. L.R. 72.1(d). “[T]he failure to object to
the magistrate judge’s report[] releases the Court from its duty to independently
review the matter.” Hall v. Rawal, No. 09-10933, 2012 WL 3639070, at *1 (E.D.
Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The
Court therefore finds that the parties have waived further review of the Magistrate
Judge’s Report. Nevertheless, on review of the parties’ briefing and the Magistrate
Judge’s Report and Recommendation, the Court agrees with the Magistrate Judge’s
recommended disposition.
The Court, therefore, ACCEPTS and ADOPTS Magistrate Judge Morris’
Report and Recommendation (ECF No. 22). Consequently, defendants’ motion for
partial summary judgment (ECF No. 17) is GRANTED.
IT IS SO ORDERED.
Dated: October 15, 2020

s/Stephanie Dawkins Davis
Stephanie Dawkins Davis
United States District Judge

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