McDuff v. Jones

Opinion

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 Defendants. Judge ____________________________/

OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JULY 22, 2025 REPORT AND RECOMMENDATION (ECF No. 104)

Currently before the court is Magistrate Judge Kimberly G. Altman’s July 22, 2024 Report and Recommendation. (ECF No. 104). Magistrate Judge Altman recommends granting Defendant Jones and Oaks’ motion for summary judgment (ECF No. 73) and denying Plaintiff’s motion to stay as moot (ECF No. 101). 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. 104), GRANTS the motion for summary judgment (ECF No. 73), and DENIES the motion to stay

as moot (ECF No. 101). Defendants Jones and Oaks are DISMISSED from this matter. This is not a final order and does not close the case. SO ORDERED.

Date: August 22, 2025 s/F. Kay Behm F. Kay Behm United States District Judge