Summary
In Parter, the officers were dismissed on qualified immunity grounds, where an inmate was refused permission to leave the law library for a restroom during his two-hour library time, resulting in the inmate urinating on himself.
Summary of this case from Aikens v. MackOpinion
Civil Case No. 06-10561.
October 30, 2006
ORDER ACCEPTING REPORT AND RECOMMENDATIONS
Before the Court is Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b), filed on April 21, 2006. Also before the Court is the report and recommendation of the Honorable Mona K. Majzoub, United States Magistrate Judge. The Magistrate Judge recommends that this Court grant Defendants' motion to dismiss. The Magistrate Judge served the report and recommendation on all parties on October 3, 2006 and notified the parties that any objections must be filed within ten days of service. No party has filed objections to the report and recommendations.
The Court's standard of review for a Magistrate Judge's report and recommendation depends upon whether a party files objections. If a party does not object to the report and recommendation, the Court does not need to conduct a review by any standard. See Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (Gadola, J.). As the Supreme Court observed, "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Since neither party has filed objections to the report and recommendation, the Court need not conduct a review.
ACCORDINGLY, IT IS HEREBY ORDERED that the report and recommendation [docket entry 16] is ACCEPTED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that Defendants' motion to dismiss [docket entry 8] is GRANTED. IT IS FURTHER ORDERED that this cause of action, 06-CV-10561 is DISMISSED WITHOUT PREJUDICE.
SO ORDERED.