Opinion
Case No. 08-14412.
November 6, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff, Henry Bethune, an inmate housed at the Earnest C. Brooks Correctional Facility, filed a complaint alleging various employees of the Michigan Department of Corrections violated his Eighth Amendment Rights. The Court subsequently referred this matter to Magistrate Judge R. Steven Whalen for all pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1)(B). The Court adopted an August 14, 2009, Report and Recommendation ("R R"), and awarded summary judgment to Defendants Mary Berghuis, Patricia Caruso, Rick Smith, Brian Evans, Jay Cregg, Michael Wilkinson, Renee VanHouten, and Judy Gracik
On September 14, 2009, Magistrate Judge Whalen issues a R R sua sponte, recommending that the Court dismiss the remaining Defendants, Daniel Spitters, and "Unknown Corrections Officers, Medical Doctor(s) and Nurses" pursuant to 28 U.S.C. § 1915(e)(2)(B). The Magistrate Judge informed the parties that objections to the R R must be filed within ten days of service and that a party's failure to file objections would waive any further right of appeal. See R R at 16; 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2).
Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation and DISMISSES the remaining Defendants.