Blackwell #477164 v. Michigan Department of Corrections et al

Filing 46

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 41 , denying plaintiff's motion for an extension of time 43 , and granting defendants' motion for summary judgment 24 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

-TPG Blackwell #477164 v. Michigan Department of Corrections et al

Doc. 46

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

D A R R Y L H. BLACKWELL, Plaintiff, File No. 2:09-CV-71 v. HON. ROBERT HOLMES BELL M IC H IG A N DEPARTMENT OF C O R R E C T IO N S , et al., Defendants. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION O n August 26, 2010, Magistrate Judge Timothy P. Greeley issued a Report and R e c o m m e n d a tio n ("R&R") recommending that Defendants motion for summary judgment b e granted and that this case be dismissed in its entirety. (Dkt. No. 41.) The R&R was duly s e rv e d on the parties. No objections have been filed, and the deadline for doing so has e x p ir e d . The docket report confirms that a copy of the R&R was sent to the Plaintiff's last k n o w n address on August 26, 2010, the date the R&R was filed, and again on September 1, 2 0 1 0 , after Plaintiff notified the court of a change of address. (Dkt. Nos. 41, 42.) O n September 15, 2010, Plaintiff's deadline for filing objections, Plaintiff filed a m o tio n for a 60 day extension to respond to the R&R. (Dkt. No. 43.) However, Plaintiff o f f er s no reason whatsoever in explanation or justification of his request. Furthermore, P la in tif f has a demonstrated history of missing deadlines. (Dkt. No. 41 at 6-8.) Therefore, P la in tif f 's request for an extension of time to file objections will be denied.

Dockets.Justia.com

The Court has reviewed the entire matter and concludes that the R&R correctly a n a lyz e s the issues and makes a sound recommendation. Accordingly, I T IS HEREBY ORDERED that Plaintiff's motion for an extension of time (Dkt. N o . 43) is DENIED. I T IS FURTHER ORDERED that the August 26, 2010, R&R (Dkt. No. 41) is A P P R O V E D and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that Defendant's motion for summary judgment is GRANTED. I T IS FURTHER ORDERED that this case is dismissed in its entirety.

Dated: September 30, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE