Whorton v. Peterson ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JAMES M. WHORTON, Plaintiff, Case No. 1:21-cv-12011 v. Honorable Thomas L. Ludington United States District Judge JAMES PETERSON and BARTKOWIAK, Honorable Elizabeth A. Stafford Defendants. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE Magistrate Judge Elizabeth A. Stafford issued a Report and Recommendation (R&R) recommending that the undersigned grant Defendants’ motion for summary judgment, ECF No. 20, and dismiss Plaintiff’s Complaint without prejudice. ECF No. 26 at PageID.279. Although the R&R states that Plaintiff could object to and seek review of the R&R within 14 days of service, Plaintiff did not file any objections. Therefore, he has waived his right to appeal Judge Stafford’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Magistrate Judge Stafford’s Report and Recommendation, ECF No. 26, is ADOPTED. Further, it is ORDERED that Defendants’ Motion for Summary Judgment, ECF No. 20, is GRANTED. Further, it is ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE. This is a final order and closes the above-captioned case. Dated: November 21, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge