Layton v. MDOC ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL LAYTON, 2:20-CV-13428-TGB-KGA Plaintiff, HON. TERRENCE G. BERG vs. ORDER ADOPTING REPORT AND RECOMMENDATION MDOC, Defendant. This matter is before the Court on Magistrate Judge Kimberly G. Altman’s February 16, 2023 Report and Recommendation (ECF No. 29), recommending that Defendants’ Motion to Dismiss (ECF No. 26) be GRANTED. The Court has reviewed the Magistrate Judge’s Report and Recommendation. The law provides that either party may serve and file written objections “[w]ithin fourteen days after being served with a copy” of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate’s Report and Recommendation of February 16, 2023 as this Court’s findings of fact and conclusions of law. Accordingly, it is hereby ORDERED that Magistrate Judge Altman’s Report and Recommendation of February 16, 2023 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Defendants’ Motion to Dismiss is GRANTED and that Plaintiff’s claims are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED this 19th day of April, 2023. BY THE COURT: /s/Terrence G. Berg TERRENCE G. BERG United States District Judge