Opinion
CASE NO: 19-CV-13105
02-12-2021
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter was referred to United States Magistrate Kimberly G. Altman pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In her report filed on January 15, 2021, the magistrate judge recommended that this court grant defendants' motion for summary judgment (ECF No. 28) and deny Derrick's motion for summary judgment (ECF No. 42). No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). --------
The court ADOPTS the Report and Recommendation for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Defendants Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE Dated: February 12, 2021 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, February 12, 2021, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522