Gray v. Fleming et al, No. 4:2022cv11750 - Document 29 (E.D. Mich. 2023)

Court Description: OPINION AND ORDER Adopting 28 The Magistrate Judge's October 11, 2023 Report and Recommendation re 20 Motion to Dismiss and 17 Motion for Summary Judgment. Signed by District Judge F. Kay Behm. (KMac)

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Gray v. Fleming et al Doc. 29 JOSEPH GRAY, Plaintiff, v. FLEMING, et al., UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case No. 22 11750 F. Kay Behm United States District Judge Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S OCTOBER 11, 2023 REPORT AND RECOMMENDATION (ECF No. 28) Currently before the Court is Magistrate Judge Kimberly G. Altman’s October 11, 2023 Report and Recommendation. (ECF No. 28). Magistrate Judge Altman recommends granting the pending motion to dismiss, and dismissing the claims against Defendant Fleming with prejudice. Judge Altman also recommends granting the motion for summary judgment based on failure to exhaust administrative remedies and dismissing the claims against Defendant Salinas without prejudice. 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. Dockets.Justia.com 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), GRANTS the motion for summary judgment and DISMISSES the claim against Defendant Salinas without prejudice, and GRANTS the motion to dismiss and DISMISSES the claims against Defendant Fleming with prejudice. SO ORDERED. Date: November 3, 2023 s/F. Kay Behm F. Kay Behm United States District Judge 2

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