Artis v. Bordin ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KENNETH ANTWAN ARTIS, Case No. 22-11718 Plaintiff, F. Kay Behm v. United States District Judge LT. BORDIN, et al., Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MAY 12, 2023 REPORT AND RECOMMENDATION (ECF No. 27) Currently before the court is Magistrate Judge Kimberly G. Altman’s May 12, 2023 Report and Recommendation. (ECF No. 27). Magistrate Judge Altman recommends granting Defendants’ motion for summary judgment on the basis of Plaintiff’s failure to exhaust his administrative remedies and further recommends dismissing the complaint without prejudice. (ECF Nos. 27, 23). The court is fully advised in the premises and has reviewed the record and the pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The court nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the Court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 27), GRANTS Defendants’ motion for summary judgment (ECF No. 23), and DISMISSES the complaint without prejudice. SO ORDERED. Date: June 2, 2023 s/F. Kay Behm F. Kay Behm United States District Judge