King v. Bell, No. 2:2009cv10001 - Document 23 (E.D. Mich. 2009)
Court Description: OPINION AND ORDER granting 13 Motion for Summary Judgment; adopting 22 Report and Recommendation on 13 Motion for Summary Judgment, 22 Report and Recommendation. Signed by District Judge Patrick J Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DENNIS KING, Plaintiff, Case No. 09-10001 v. Honorable Patrick J. Duggan T. BELL, Defendant. / OPINION AND ORDER At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan, on December 7, 2009. PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE Plaintiff, a state prisoner, initiated this lawsuit in December 2008 pursuant to 42 U.S.C. ยง 1983 alleging a violation of his due process right to have a three-, rather than two-, member panel decide whether he should be released on parole. Plaintiff also alleges that his personal history contains a false statement that he has a history of substance abuse. On March 10, 2009, Defendant filed a motion for summary judgment which this Court referred to Magistrate Judge Michael Hluchaniuk. On November 4, 2009, Magistrate Judge Hluchaniuk filed his Report and Recommendation (R&R) recommending that this Court grant Defendant s motion for summary judgment on grounds that Plaintiff failed to exhaust his administrative remedies, is barred from obtaining early release from prison by filing a civil suit, and failed to identify a violation of a protected liberty interest justifying an award of damages. At the conclusion of the R&R, Magistrate Judge Hluchaniuk advises the parties that they may object to and seek review of the R&R within 10 days of service upon them. (R&R at 10.) He further specifically advises the parties that [f]ailure to file specific objections constitutes a waiver of any further right of appeal. ( Id.) Since the filing of Magistrate Judge Hluchaniuk s R&R the time for filing objections has been extended to 14 days. Fed. R. Civ. P. 72. Both the 10- and 14-day objection periods have now passed and neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Hluchaniuk. Accordingly, IT IS ORDERED that Defendant s motion for summary judgment is GRANTED. A judgment consistent with this opinion shall issue. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copies to: Dennis King #364418 Alger Maximum Correctional Facility P.O. Box 600 Munsing, MI 49862 Allan J. Soros, Esq. 2
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