Horacek v. Carter ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DANIEL HORACEK, Plaintiff, Case No. 1:20-cv-11682 v. Honorable Thomas L. Ludington United States District Judge BETH CARTER, M.D., et al., Honorable Anthony P. Patti Defendants. United States Magistrate Judge ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS’ MOTIONS TO DISMISS, DENYING AS MOOT DEFENDANTS’ MOTION TO WITHDRAW AND TO STAY CASE, AND DISMISSING CASE WITHOUT PREJUDICE, COSTS, OR FEES Plaintiff Daniel Horacek, while incarcerated at the Carson City Correctional Facility, filed a pro se complaint under 42 U.S.C. § 1983 alleging 16 medical and corrections staff members at 3 Michigan prisons were deliberately indifferent to his medical needs in violation of the Eighth Amendment. ECF No. 1. Defendants filed two motions to dismiss, ECF No. 74; 76, followed by a motion to stay the case and to withdraw one defense counsel, ECF No. 78. On March 9, 2023, Magistrate Judge Anthony P. Patti issued a report recommending that the motions to dismiss be granted because Plaintiff has abandoned his case. ECF No. 80. Judge Patti provided 14 days to object, but the parties did not do so. They have therefore forfeited their right to appeal Judge Patti’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the report. Accordingly, it is ORDERED that Magistrate Judge Patti’s Report and Recommendation, ECF No. 80, is ADOPTED. Further, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 74, is GRANTED. Further, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 76, is GRANTED. Further, it is ORDERED that Defendants’ Motion to Stay Case and to Withdraw Attorney, ECF No. 78, is DENIED AS MOOT. Further, it is ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE, costs, or fees. This is a final order and closes the above-captioned case. Dated: April 24, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge