Moore v. Corizon Health, Incorporated ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES MOORE, Plaintiff, Case No. 18-cv-13845 Hon. Matthew F. Leitman v. CORIZON HEALTH INC. et al., Defendants. __________________________________________________________________/ ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF No. 79) AND (2) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (ECF No. 66) Plaintiff Charles Moore is a state inmate in the custody of the Michigan Department of Corrections. In this pro se civil-rights action, Moore alleges that the Defendants were deliberately indifferent to his serious medical needs. (See Am. Compl., ECF No. 16.) On September 22, 2021, Defendants Lori Kopka, Cheryl Butts, Gregory Boyd, and Valerie Love filed a motion for summary judgment. (See Mot., ECF No. 66.) On March 25, 2022, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court grant Defendants’ motion and dismiss the claims against them with prejudice (the “R&R”). (See R&R, ECF No. 42.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of her recommendation, they needed to file specific objections with the Court within fourteen days (i.e., by no later than April 8, 2022.) (See id., PageID.302.) Moore has not filed any objections to the R&R. Nor has he contacted the Court to ask for additional time to file objections. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). In addition, the failure to file objections to an R&R waives any further right to appeal. See Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Accordingly, because Moore has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant Defendants’ summary judgment motion is ADOPTED. IT IS FURTHER ORDERED that (1) Defendants’ Motion for Summary Judgment (ECF No. 66) is GRANTED and (2) Moore’s claims against Defendants Kopka, Butts, Boyd, and Love are DISMISSED WITH PREJUDICE. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: May 12, 2022 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on May 12, 2022, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126