Opinion
CASE NUMBER: 09-11522.
December 9, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING GAIL STALEY'S MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFF'S COMPLAINT
Plaintiff, Nicholas Guedry, filed a complaint alleging that Defendants violated his constitutional rights through their deliberate indifference to his serious medical needs. The case was referred to Magistrate Judge Mark A. Randon for all pretrial proceedings. See 28 U.S.C. § 636(b)(1). On November 8, 2010, the Magistrate Judge recommended that the Court grant Defendant's Motion for Summary Judgment. The Magistrate Judge informed the parties that objections to the R R must be filed within fourteen days of service and that a party's failure to file objections would waive any further right of appeal. See R R at 8; 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2); Thomas v. Arn, 474 U.S. 140 (1985).
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, GRANTS Defendant's motion for summary judgment, and DISMISSES Plaintiff's claims against Staley with prejudice. Further, because the sole remaining Defendant, has never been served, and the time for service has expired, this Court DISMISSES all claims against Guinn without prejudice.
Plaintiff's Complaint is DISMISSED in its entirety.
IT IS SO ORDERED.
Dated: December 9, 2010