UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

KEVIN LAVON GILES,

Plaintiff, Case No. 23-cv-10951 Hon. Jonathan J.C. Grey v. Magistrate Judge Kimberly G. Altman

JONATHAN HEMINGWAY, et al.,

Defendants. _________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 62), GRANTING MOTIONS TO DISMISS OR SUMMARY JUDGMENT (ECF Nos. 22, 49, 54) and DISMISSING CAUSE OF ACTION WITH PREJUDICE

Pro se plaintiff Kevin Lavon Giles filed this

lawsuit against defendants Warden Jonathan Hemingway, Raymond Howes, Scott Tofil, and Nicole Clingerman, alleging that defendants violated his Eighth and Fourteenth Amendment rights. (ECF No. 1). This matter comes before the Court on Magistrate Judge Kimberly Altman’s Report and Recommendation dated May 20, 2024. (ECF No. 62.) In the Report and Recommendation, the Magistrate Judge recommends that the Court grant defendants’ motions to dismiss or, in the alternative, for summary judgment (ECF Nos. 22, 49, 54) and dismiss Giles’ cause of action. (See ECF No. 62.) (Id.) No party has filed an objection to the

Report and Recommendation. The Court has had an opportunity to review this matter and finds that the Magistrate Judge reached the correct conclusions for the proper

reasons. Finding no error in the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation in its entirety. Furthermore, as neither party has raised an objection to the

Report and Recommendation, the Court finds that the parties have waived any further objections to the Report and Recommendation. Smith v. Detroit Fed’n of Teachers Local 231,

, 1373 (6th Cir. 1987)

(a party’s failure to file any objections waives his or her right to further appeal); Thomas v. Arn,

(1985). For the reasons stated above, IT IS ORDERED that the Report

and Recommendation dated May 20, 2024 (ECF No. 62) is ADOPTED as this Court’s findings of fact and conclusions of law. IT IS FURTHER ORDERED that the motions to dismiss or, in

the alternative, for summary judgment (ECF Nos. 22, 49, 54) are GRANTED. IT IS FURTHER ORDERED that this cause of action is

DISMISSED WITH PREJUDICE. SO ORDERED. s/Jonathan J.C. Grey JONATHAN J.C. GREY Dated: July 25, 2024 UNITED STATES DISTRICT JUDGE Certificate of Service

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First-Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 25, 2024.

s/ S. Osorio Sandra Osorio Case Manager