McDuff v. Jones et al, No. 4:2023cv11739 - Document 18 (E.D. Mich. 2023)
Court Description: OPINION AND ORDER Accepting and Adopting 16 the Magistrate Judge's November 6, 2023 Report and Recommendation re 11 Motion for Summary Judgment. Signed by District Judge F. Kay Behm. (KMac)
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McDuff v. Jones et al Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD MCDUFF, Case No. 23 11739 Plaintiff, F. Kay Behm v. United States District Judge KRISTEN JONES, et al., Kimberly G. Altman United States Magistrate Judge Defendants. ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S NOVEMBER 6, 2023 REPORT AND RECOMMENDATION (ECF No. 16) Currently before the court is Magistrate Judge Kimberly G. Altman’s November 6, 2023 Report and Recommendation. (ECF No. 16). Magistrate Judge Altman recommends denying the October 12, 2023 Motion for Summary Judgment as Moot (ECF No. 11) because the movants filed a replacement motion on November 3, 2023 (ECF No. 14) after Plaintiff filed an amended complaint. (ECF No. 16). 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 Dockets.Justia.com nevertheless agrees with the Magistrate Judge’s recommended disposition. Therefore, the court ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 16) and DENIES the October 12, 2023 Motion for Summary as MOOT. SO ORDERED. Date: November 28, 2023 s/F. Kay Behm F. Kay Behm United States District Judge 2
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