Arnold v. Hutchinson et al

Filing 28

AMENDED 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 Referring Case Back to Magistrate Judge for Further Pretrial Proceedings. Signed by District Judge Judith E. Levy. (SBur) Modified on 7/26/2017 (SBur).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Earl Arnold,
Plaintiff,

Case No. 16-cv-13403

v.

Judith E. Levy
United States District Judge

Hutchinson, Dr., and R. Harbaugh,
RN,
Mag. Judge Mona K. Majzoub
Defendants.
________________________________/
AMENDED ORDER ADOPTING THE REPORT AND
RECOMMENDATION [24] DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT [12] GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT [14], AND REFERRING
CASE BACK TO MAGISTRATE JUDGE FOR FURTHER
PRETRIAL PROCEEDINGS
Before

the

Court

is

the

Magistrate

Judge’s

Report

and

Recommendation (Dkt. 24) recommending the Court deny plaintiff’s
motion for summary judgment (Dkt. 12) and grant defendant
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.
The judgment (Dkt. 27) is VACATED and the case reopened. The
case is remanded to the Magistrate Judge for all further pretrial
proceedings.
IT IS SO ORDERED.
Dated: July 26, 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 July 26, 2017.
s/Shawna Burns
Shawna Burns
Case Manager
2