Arnold v. Hutchinson et al, No. 5:2016cv13403 - Document 28 (E.D. Mich. 2017)

Court Description: AMENDED OPINION and ORDER Adopting the 24 Report and Recommendation, Denying Plaintiff's 12 Motion for Summary Judgment, Granting Defendant's 14 Motion for Summary Judgment, and Referring Case Back to Magistrate Judge for Further Pretrial Proceedings. Signed by District Judge Judith E. Levy. (SBur) Modified on 7/26/2017 (SBur).
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Arnold v. Hutchinson et al Doc. 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Earl Arnold, Plaintiff, Case No. 16-cv-13403 v. Judith E. Levy United States District Judge Hutchinson, Dr., and R. Harbaugh, RN, Mag. Judge Mona K. Majzoub Defendants. ________________________________/ AMENDED ORDER ADOPTING THE REPORT AND RECOMMENDATION [24] DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [12] GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [14], AND REFERRING CASE BACK TO MAGISTRATE JUDGE FOR FURTHER PRETRIAL PROCEEDINGS Before the Court is the Magistrate Judge’s Report and Recommendation (Dkt. 24) recommending the Court deny plaintiff’s motion for summary judgment (Dkt. 12) and grant defendant Harbaugh’s motion for summary judgment. (Dkt. 14.) The parties were required to file specific written objections within fourteen days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. LR 72.1(d). No objections were filed. The parties, by failing to object to the Report and Recommendation, have waived any further right of appeal. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The Court has reviewed this case in its entirety, and finds that the Magistrate Judge’s Report and Recommendation is well founded. Accordingly, plaintiff’s motion for summary judgment (Dkt. 12) is DENIED, and defendant’s motion for summary judgment (Dkt. 14) is GRANTED. The judgment (Dkt. 27) is VACATED and the case reopened. The case is remanded to the Magistrate Judge for all further pretrial proceedings. IT IS SO ORDERED. Dated: July 26, 2017 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 26, 2017. s/Shawna Burns Shawna Burns Case Manager 2