Horacek v. Carter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DANIEL HORACEK, Plaintiff, Case No. 1:20-cv-11682 v. Honorable Thomas L. Ludington United States District Judge DR. CARTER et al., Honorable Anthony P. Patti Defendants. United States Magistrate Judge _________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION TO DENY DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT On May 19, 2020, Plaintiff filed a pro se complaint alleging deliberate indifference to his medical needs in violation of the Eighth Amendment against the medical and corrections staff at three different Michigan Department of Corrections facilities, ECF No. 1, which was referred to Magistrate Judge Anthony P. Patti, ECF No. 16. On June 29, 2021, Defendants filed a motion for partial summary judgment, ECF No. 29, which was fully briefed, ECF No. 55; 58; 61.

On March 10, 2022, Judge Patti issued a Report recommending that this Court deny Defendants’ Motion for Summary Judgment. ECF No. 62. Although Judge Patti gave the parties days to object under Federal Rule of Civil Procedure 72(b)(2), they did not file any objections.

The parties have therefore waived their right to appeal Judge Patti’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 62, is ADOPTED, and Defendants’ Motion for Partial Summary Judgment, ECF No. 29, is DENIED.

Dated: March 28, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge