Tillie v. Biddinger

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

PHILLIP R. TILLIE,

Plaintiff, Case No: 23-10975

v. Honorable Nancy G. Edmunds Magistrate Judge David R. Grand C/O BIDDINGER, and LIEUTENANT STEVENSON,

Defendants. _______________________________/

ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MARCH 5, 2024 REPORT AND RECOMMENDATION [22]

This matter is before the Court on the Magistrate Judge's March 5, 2024 Report and Recommendation. (ECF No. 22.) The Magistrate Judge recommends that the Court deny Defendant Biddinger’s Motion for Summary Judgment on the Basis of Exhaustion. (ECF No. 16.) No objections have been filed. “[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, 09-10933, 2012 WL 3639070, at *1 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140 (1985)). Nevertheless, the Court has reviewed the pleadings and relevant authority and finds it agrees with the Magistrate Judge’s recommendation. The Court therefore ACCEPTS and ADOPTS the Magistrate Judge’s report and recommendation (ECF No. 22) and DENIES Defendant Biddinger’s Motion for Summary Judgment (ECF No. 16). SO ORDERED. s/ Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: March 29, 2024 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 29, 2024, by electronic and/or ordinary mail.

s/ A. Chubb Deputy Clerk