Opinion
21-cv-13021
09-20-2023
Randy Allen McElhaney, Plaintiff, v. Heidi E. Washington, et al., Defendants.
David R. Grand, Mag. Judge
ORDER ADOPTING REPORT AND RECOMMENDATION [28]
JUDITH E. LEVY, United States District Judge
Before the Court is Magistrate Judge David R. Grand's Report and Recommendation (“R&R”) (ECF No. 28) recommending that the motion to dismiss filed by Defendants Corizon Health, Inc., Jordan Block, and Donna Rohrs (ECF No. 20) be GRANTED IN PART AND DENIED IN PART. In their motion, Defendants seek dismissal of Plaintiff Randy Allen McElhaney's Eighth Amendment deliberate indifference claim. The R&R recommends that the motion be granted as to McElhaney's Eighth Amendment claim against Corizon Health, Inc. and Block and that the motion be denied as to McElhaney's Eighth Amendment claim against Rohrs. The parties were required to file specific written objections, if any, within fourteen days of service. Fed.R.Civ.P. 72(b)(2); E.D. Mich. LR 72.1(d). No objections were filed. The Court has nevertheless carefully reviewed the R&R and concurs in the reasoning and result. Accordingly, The R&R (ECF No. 28) is ADOPTED; and
Defendants' motion to dismiss (ECF No. 20) is GRANTED IN PART AND DENIED IN PART. The motion is granted as to McElhaney's Eighth Amendment claim against Corizon Health, Inc. and Block. The motion is denied as to McElhaney's Eighth Amendment claim against Rohrs.
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).
As stated in the R&R, “Defendants d[id] not move for dismissal of McElhaney's gross negligence claim. Thus, the Court need not consider the merits of such a claim at this time.” (ECF No. 28, PageID.312 n.5.)
IT IS SO ORDERED.