Opinion
22-12367
04-04-2024
RICHARD FORTENBERRY, Plaintiff, v. TAMARA KELLEY, et al., Defendants.
KIMBERLY G. ALTMAN, UNITED STATES MAGISTRATE JUDGE
OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S MARCH 5, 2024 REPORT AND RECOMMENDATION (ECF NO. 40)
F. KAY BEHM, UNITED STATES DISTRICT JUDGE
Currently before the Court is Magistrate Judge Kimberly G. Altman's Report and Recommendation. (ECF No. 40). Magistrate Judge Altman recommends granting Defendants Maxson and Nakata's motion for summary judgment on the basis of failure to exhaust administrative remedies, and dismissing them as Defendants without prejudice. (ECF Nos. 40, 31). The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[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, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge's recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge's Report and Recommendation (ECF No. 40), grants Defendants' motion for summary judgment (ECF No. 31), and DISMISSES Defendants Maxson and Nakata as Defendants, without prejudice.
SO ORDERED.