McDuff v. Jones

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD MCDUFF, Case No. 23-11739 Plaintiff, F. Kay Behm v. United States District Judge KRISTEN JONES, et al., Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JUNE 25, 2024 REPORT AND RECOMMENDATION (ECF No. 42) Currently before the court is Magistrate Judge Kimberly G. Altman’s June 25, 2024 Report and Recommendation. (ECF No. 42). Magistrate Judge Altman recommends denying Defendant Oaks’ motion for summary judgment based on exhaustion of administrative remedies. (ECF Nos. 42, 14). The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.”

Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 42) and DENIES the motion for summary judgment (ECF No. 14).

SO ORDERED.

Date: July 22, 2024 s/F. Kay Behm F. Kay Behm United States District Judge