Switek v. Midland County Jail ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BENJAMIN ALLEN SWITEK, Plaintiff, Case No. 21-cv-12711 Hon. Matthew F. Leitman v. MIDLAND COUNTY JAIL, et al., Defendants. __________________________________________________________________/ ORDER (1) ADOPTING RECOMMENDED DISPOSITION OF REPORT AND RECOMMENDATION (ECF No. 55) AND (2) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 51) In this civil-rights action, pro se Plaintiff Benjamin Allen Switek filed several claims against Defendant Midland County and others arising out of his confinement at the Midland County Jail. (See Compl., ECF No. 1.) The Court previously dismissed all of Switek’s claims except for his claim that he was receiving inadequate medical care. (See Order, ECF No. 9.) On July 17, 2023, Midland County moved for summary judgment on that claim. (See Mot., ECF No. 55.) The motion was referred to the assigned Magistrate Judge. (See Order, ECF No. 12.) On October 4, 2023, the Magistrate Judge issued a Report and Recommendation in which he recommended granting Midland County’s motion and dismissing Switek’s Complaint (the “R&R”). (See R&R, ECF No. 55.) At the conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted to seek review of his recommendation, they needed to file specific objections with the Court within fourteen days. (See id., PageID.678-679.) Switek has not filed any objections to the R&R. Nor has he contacted the Court seeking additional time to file objections. The failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Likewise, the failure to file objections to an R&R waives any further right to appeal. See Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Accordingly, because Switek has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge’s recommended disposition of Midland County’s motion for summary judgment is ADOPTED. IT IS FURTHER ORDERED that Midland County’s motion for summary judgment (ECF No. 51) is GRANTED and Switek’s Complaint is DISMISSED. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: November 29, 2023 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on November 29, 2023, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126