Opinion
Case Number 09-10933
08-24-2012
Honorable David M. Lawson
Magistrate Judge Mark A. Randon
ORDER ADOPTING MAGISTRATE JUDGE'S REPORTS AND
RECOMMENDATIONS, GRANTING DEFENDANT PRISON HEALTH SERVICES
AND DEFENDANT CORRECTIONAL MEDICAL SERVICES'S MOTIONS FOR
SUMMARY JUDGMENT AND DISMISSING CLAIMS AGAINST DEFENDANTS
PRISON HEALTH SERVICES AND CORRECTIONAL MEDICAL SERVICES ONLY
Presently before the Court are two reports issued on July 31, 2012 by Magistrate Judge Mark A. Randon pursuant to 28 U.S.C. § 636(b) recommending that this Court grant defendants Prison Health Services and Correctional Medical Services's motions for summary judgment. Although the magistrate judge's reports explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the reports and recommendations waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's reports releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's reports and recommendations [dkt. #157, 158] are ADOPTED.
It is further ORDERED that defendant Prison Health Service's motion for summary judgment [dkt. #125] is GRANTED.
It is further ORDERED that defendant Correctional Medical Services's motion for summary judgment [dkt. #134] is GRANTED.
It is further ORDERED that the plaintiff's claims are DISMISSED with respect to defendants Prison Health Services and Correctional Medical Services only.
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DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 24, 2012.
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DEBORAH R. TOFIL