Opinion
Case Number 11-15309
02-06-2013
JASON MICHAEL MILLER, Plaintiff, v. CAREN ALBERCOOK, PRISON HEALTH SERVICES, INC., MDOC BUREAU OF HEALTHCARE SERVICES, BHAMINI SUDHIR, CRYSTAL M. JONES, LYNETTE O'CONNOR, SCOTT SAKALL, SUSAN E. THOMAS, MELINDA BREAULT, DONNA J. OWEN, GLORIA BAEZ, RICHARD SCHNIDER, TERRI BERGER, J. SHARPLEY, CONNIE IVES, RICHARD DASE, SIRENA K. LANDFAIR, DEBRA SCUTT, PAMELA L. SANDERS, and THE MICHIGAN DEPARTMENT OF CORRECTIONS, Defendants.
Honorable David M. Lawson
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND DENYING PLAINTIFF'S RENEWED MOTION FOR PRELIMINARY
INJUNCTION WITHOUT PREJUDICE
Presently before the Court is the report issued on January 16, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court deny without prejudice the plaintiff's renewed motion for a preliminary injunction. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #58] is ADOPTED.
It is further ORDERED that the plaintiff's renewed motion for a preliminary injunction [dkt. #43] is DENIED WITHOUT PREJUDICE.
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DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 6, 2013.
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DEBORAH R. TOFIL