Hicks v. Washington

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WILLIAM D. HICKS, JR.,

Plaintiff, Case No. 21-11563 v. HON. DENISE PAGE HOOD HEIDI WASHINGTON, et al.,

Defendants. _________________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION (ECF NO. 109) and DENYING MOTION FOR PRELIMINARY INJUNCTION (ECF No. 100)

This matter is before the Court on Magistrate Judge Anthony P. Patti=s October 2, 2023 Report and Recommendation (ECF No. 109) to deny Plaintiff William David Hicks, Jr.=s Motion for Preliminary Injunction (ECF No. 100). To date, no Objections have been filed to the Report and Recommendation. The standard of review by the district court when examining a Report and Recommendation is set forth in 28 U.S.C.' 636. This Court Ashall make a de novo determination of those portions of the report or the specified proposed findings or recommendations to which an objection is made.@ 28 U.S.C. ' 636(B)(1)(c). The Court Amay accept, reject or modify, in whole or in part, the findings or recommendations made by the Magistrate.@ Id. In order to preserve the right to appeal the Magistrate Judge=s recommendation, a party must file objections to the Report and Recommendation within fourteen (14) days of service of the Report and Recommendation. Fed. R. Civ. P. 72(b)(2). Failure to file specific

objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Servs., 932 F2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

After review of the October 2, 2023 Report and Recommendation, the Court finds that the Magistrate Judge=s conclusions are correct. The Court agrees with the Magistrate Judge that the injunctive relief Plaintiff seeks has been rendered moot by his September 21, 2023 parole.

Accordingly, IT IS ORDERED that Magistrate Judge Anthony P. Patti=s Report and Recommendation (ECF No. 109) is ACCEPTED AND ADOPTED as this

Court=s findings of fact and conclusions of law. IT IS FURTHER ORDERED that Plaintiff=s Motion for Preliminary Injunction (ECF No. 100) is DENIED.

s/Denise Page Hood Denise Page Hood United States District Judge Dated: March 27, 2024