West v. Gibson ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION BRYAN MARSHALL WEST, Plaintiff, Case No. 1:23-cv-11321 v. Honorable Thomas L. Ludington United States District Judge TAMMIE GIBSON, Honorable Curtis Ivy, Jr. Defendant. United States Magistrate Judge ________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING PLAINTIFF’S COMPLAINT This matter is before this Court upon Magistrate Judge Curtis Ivy, Jr.’s Report and Recommendation (R&R), ECF No. 22, recommending that this Court grant Defendant’s Motion for Summary Judgment on the Basis of Exhaustion, ECF No. 12. Although the R&R states that Parties could object to and seek review of the R&R within 14 days of service, neither Party objected. They have therefore waived their right to appeal Judge Ivy’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that Magistrate Judge Ivy’s Report and Recommendation, ECF No. 22, is ADOPTED. Further, it is ORDERED that Defendant’s Motion for Summary Judgment on the Basis of Exhaustion, ECF No. 12, is GRANTED. Further, it is ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED. This is a final order and closes the above-captioned case. Dated: June 25, 2024 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge