Allen v. Michigan Department of Health and Human Services ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHANNEL E. ALLEN, et al., Case No. 23-11639 Plaintiffs, F. Kay Behm v. United States District Judge MICHIGAN DEPARTMENT OF HEALTH Anthony P. Patti AND HUMAN SERVICES, et al., United States Magistrate Judge Defendants. ___________________________ / ORDER ADOPTING AND ACCEPTING MAGISTRATE JUDGE’S OCTOBER 17, 2023 REPORT AND RECOMMENDATION (ECF No. 28) AND DENYING MOTION TO DISMISS AS MOOT (ECF No. 13) Currently before the Court is Magistrate Judge Anthony P. Patti’s October 17, 2023 Report and Recommendation. (ECF No. 28). Magistrate Judge Patti recommends denying the pending motion to dismiss (ECF No. 13) as moot based on a subsequently filed amended complaint. (ECF No. 28). 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. 28) and DENIES Defendant’s motion to dismiss (ECF No. 13) as moot. SO ORDERED. Date: November 9, 2023 s/F. Kay Behm F. Kay Behm United States District Judge