Hamer v. Griffs ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHADNEY HAMER, Case No. 22-12106 Plaintiff, F. Kay Behm v. United States District Judge EVONNE MCGINTY, et al, Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S JUNE 29, 2023 REPORT AND RECOMMENDATION (ECF No. 79) Currently before the Court is Magistrate Judge Kimberly G. Altman’s June 29, 2023 Report and Recommendation. (ECF No. 79). Magistrate Judge Altman recommends granting Plaintiff’s Motion to Dismiss (ECF No. 78) and denying Defendant Wellpath Health Services Motion to Dismiss or for Summary Judgment (ECF No. 74) as moot. 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. 79), GRANTS Plaintiff’s Motion to Dismiss (ECF No. 78), DISMISSES all defendants except Defendant McGinty, and DENIES defendant Wellpath’s Motion to Dismiss or for Summary Judgment (ECF No. 74) as MOOT. SO ORDERED. Date: July 21, 2023 s/F. Kay Behm F. Kay Behm United States District Judge