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granting summary judgment, explaining: “Supervisors are not liable under § 1983 merely because they are aware of an alleged violation and fail to act-this holds even if the omission is the failure to remedy the ongoing effects of a constitutional violation.”
Summary of this case from Hernden v. Chippewa Valley Schs.Opinion
Case No. 13-10058
02-14-2014
DONALD LOWE, Plaintiff, v. PRISON HEALTH SERVICE, DR. EDELMAN AND SUSAN MCCAULEY, Defendants.
HON. TERRENCE G. BERG
HON. LAURIE J. MICHELSON
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 47) AND GRANTING DEFENDANT
MCCAULEY'S MOTION FOR SUMMARY JUDGMENT (DKT. 19)
This matter is before the Court on Magistrate Judge Laurie J. Michelson's December 31, 2013 Report and Recommendation (Dkt. 47), recommending that Defendant Susan McCauley's motion for summary judgment (Dkt. 19) be granted, and that all claims against her be dismissed.
The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). Plaintiff moved for an additional 60 days to file objections (Dkt. 49). The Court found this request to be excessive, but did grant Plaintiff an additional 21 days to file objections - until February 7, 2014. As of this date, Plaintiff has not filed any objections, and the time to do so has now expired.
The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept the Magistrate Judge's Report and Recommendation of December 31, 2013, as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Michelson's Report and Recommendation of December 31, 2013, (Dkt. 47) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendant Susan McCauley's motion for summary judgment (Dkt. 19) is GRANTED, and that all claims against her are DISMISSED WITH PREJUDICE.
SO ORDERED.
__________
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service
I hereby certify that this Order was electronically submitted on February 14, 2014, using the CM/ECF system, which will send notification to all parties.
A. Chubb
Case Manager