Opinion
21-CV-10116
07-25-2022
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROBERT H. CLELAND, UNITED STATES DISTRICT JUDGE
This matter was referred to United States Magistrate Anthony P. Patti pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his report filed on July 5, 2022, the magistrate judge recommended that this court deny Defendant Trowbridge's Motion for Summary Judgment [Dkt #17] on the basis of exhaustion.
No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).
The Court ADOPTS the Report and Recommendation for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, [Dkt #17] Defendant's motion for summary judgment on the basis of exhaustion is DENIED.