Opinion
23-12435
10-15-2024
Allen Aikens,[1] Plaintiff, v. Aaron Lashley,[2] et al., Defendants.
KIMBERLY G. ALTMAN MAG. JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION [23]
JUDITH E. LEVY UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Kimberly G. Altman's Report and Recommendation (“R&R”) (ECF No. 23) recommending the Court grant Defendants' motion to dismiss, deny Defendants' motion for summary judgment for failure to exhaust (ECF No. 19), and dismiss the case. The parties were required to file specific written objections, if any, within 14 days of service. Fed.R.Civ.P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the R&R and concurs in the result. Accordingly, The Report and Recommendation (ECF No. 23) is ADOPTED;
As noted in the R&R, Plaintiff did not file a response to Defendants' motion to dismiss and for summary judgment. (ECF No. 23, PageID.128-129.) In fact, Plaintiff has not filed anything in this case since he initiated the suit in September 2023, failed to inform the Court of his change in address (Id. at PageID.129), and has not filed any objections as of this date.
Defendants' motion to dismiss (ECF No. 19) is GRANTED;
Defendants' motion for summary judgment (Id.) is DENIED AS MOOT; and
This case is hereby DISMISSED.
By failing to object to the Report and Recommendation, the parties have forfeited any further right of appeal. United States v. Wandahsega, 924 F.3d 868, 878 (6th Cir. 2019); see also Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019).
IT IS SO ORDERED.