Villanueva v. Washington

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSE VILLANUEVA, Plaintiff, Case No. 23-12872 Hon. Jonathan J.C. Grey v. Magistrate Judge Elizabeth A. Stafford CODY CRITES, et al. Defendants. _________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 29) AND DISMISSING DEFENDANT CODY CRITES Pro se plaintiff Jose Villanueva filed this 42 U.S.C. § 1983 lawsuit against multiple named and unnamed defendants arising out of his

detention at the Parnall Correctional Facility in Jackson, Michigan. (ECF No. 1). Most of the defendants have been dismissed from this action. This matter comes before the Court on Magistrate Judge Elizabeth A.

Stafford’s Report and Recommendation dated November 7, 2024. (ECF No. 29.) In the Report and Recommendation, the Magistrate Judge recommends that the Court grant defendant Cody Crites’ motion for

summary judgment for failure to exhaust administrative remedies. (Id. at PageID.182, 186.) 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, 829 F.2d 1370, 1373 (6th Cir. 1987) (a party’s failure to file any objections waives his or her right to further

appeal); Thomas v. Arn, 474 U.S. 140, 149 (1985). For the reasons stated above, IT IS ORDERED that the Report and Recommendation dated November 7, 2024 (ECF No. 29) is

ADOPTED as this Court’s findings of fact and conclusions of law. IT IS FURTHER ORDERED that Villanueva’s cause of action against defendant Cody Crites is DISMISSED WITHOUT

PREJUDICE. SO ORDERED. s/Jonathan J.C. Grey JONATHAN J.C. GREY Dated: December 16, 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 December 16, 2024. s/ S. Osorio Sandra Osorio Case Manager