Opinion
Case No. 09-10001.
December 7, 2009
OPINION AND ORDER
Plaintiff, a state prisoner, initiated this lawsuit in December 2008 pursuant to 42 U.S.C. § 1983 alleging a violation of his due process right to have a three-, rather than two-, member panel decide whether he should be released on parole. Plaintiff also alleges that his "personal history" contains a false statement that he has a history of substance abuse. On March 10, 2009, Defendant filed a motion for summary judgment which this Court referred to Magistrate Judge Michael Hluchaniuk.
On November 4, 2009, Magistrate Judge Hluchaniuk filed his Report and Recommendation (R R) recommending that this Court grant Defendant's motion for summary judgment on grounds that Plaintiff failed to exhaust his administrative remedies, is barred from obtaining early release from prison by filing a civil suit, and failed to identify a violation of a protected liberty interest justifying an award of damages. At the conclusion of the R R, Magistrate Judge Hluchaniuk advises the parties that they may object to and seek review of the R R within 10 days of service upon them. (R R at 10.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." ( Id.) Since the filing of Magistrate Judge Hluchaniuk's R R the time for filing objections has been extended to 14 days. Fed.R.Civ.P. 72. Both the 10- and 14-day objection periods have now passed and neither party filed objections to the R R.
The Court has carefully reviewed the R R and concurs with the conclusions reached by Magistrate Judge Hluchaniuk.
Accordingly,
IT IS ORDERED that Defendant's motion for summary judgment is GRANTED.
A judgment consistent with this opinion shall issue.