Arnold v. Hutchinson et al

Filing 26

MEMORANDUM OPINION and ORDER Adopting the 24 Report and Recommendation, Denying Plaintiff's 12 Motion for Summary Judgment, Granting Defendant's 14 Motion for Summary Judgment, and Denying Defendant's 25 Motion to Dismiss as Moot - Signed by District Judge Judith E. Levy. (FMos)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Earl Arnold, Plaintiff, v. Case No. 16-cv-13403 Judith E. Levy United States District Judge Hutchinson, Dr., and R. Harbaugh, RN, Mag. Judge Mona K. Majzoub Defendants. ________________________________/ ORDER ADOPTING THE REPORT AND RECOMMENDATION [24] DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [12] GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [14], AND DENY DEFENDANT’S MOTION TO DISMISS [25] AS MOOT Before the Court is Magistrate Judge Majzoub’s Report and Recommendation (Dkt. 24) recommending the Court deny plaintiff’s motion for summary judgment (Dkt. 12) and grant defendant R. Harbaugh’s motion for summary judgment. (Dkt. 14.) The parties were required to file specific written objections within fourteen days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. LR 72.1(d). No objections were filed. The parties, by failing to object to the Report and Recommendation, have waived any further right of appeal. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The Court has reviewed this case in its entirety, and finds that the Magistrate Judge’s Report and Recommendation is well founded. Accordingly, plaintiff’s motion for summary judgment (Dkt. 12) is DENIED, and defendant’s motion for summary judgment (Dkt. 14) is GRANTED. Because the relief defendant Hutchinson seeks in his recently-filed (and untimely) motion to dismiss is already granted by adopting the Report and Recommendation, the motion (Dkt. 25) is DENIED AS MOOT. The case is DISMISSED. IT IS SO ORDERED. Dated: June 9, 2017 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY 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 June 9, 2017. s/Felicia M. Moses FELICIA M. MOSES Case Manager 2

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