Elawyers Elawyers
Washington| Change

Kerr-Fletcher v. Shultz, 16-cv-11030. (2016)

Court: District Court, E.D. Michigan Number: infdco20161222b94 Visitors: 5
Filed: Dec. 21, 2016
Latest Update: Dec. 21, 2016
Summary: ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #10) AND (2) DISMISSING PLAINTIFF'S COMPLAINT (ECF #1) WITHOUT PREJUDICE MATTHEW F. LEITMAN , District Judge . In this action, Plaintiff McKinley Kerr-Fletcher ("Kerr-Fletcher"), a prisoner confined in the custody of the Michigan Department of Corrections, brings a civil-rights complaint against Defendant T. Shultz ("Schultz"). ( See Compl., ECF #1.) Among other things, Kerr-Fletcher alleges that Schultz violated his (Kerr-Fl
More

ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF #10) AND (2) DISMISSING PLAINTIFF'S COMPLAINT (ECF #1) WITHOUT PREJUDICE

In this action, Plaintiff McKinley Kerr-Fletcher ("Kerr-Fletcher"), a prisoner confined in the custody of the Michigan Department of Corrections, brings a civil-rights complaint against Defendant T. Shultz ("Schultz"). (See Compl., ECF #1.) Among other things, Kerr-Fletcher alleges that Schultz violated his (Kerr-Fletcher's) Eighth Amendment rights. (See id.)

On May 10, 2016, Schultz filed a motion for summary judgment (the "Summary Judgment Motion"). (See ECF #10.) On May 11, 2016, the assigned Magistrate Judge entered a written order in which she directed Kerr-Fletcher to file a response to the Summary Judgment Motion by no later than June 1, 2016. (See ECF #11.) Kerr-Fletcher did not file any response by that date, nor has he since filed a response to the Summary Judgment Motion. (See Dkt.)

On November 29, 2015, the assigned Magistrate Judge issued a Report and Recommendation in which she recommended that the Court (1) grant the Summary Judgment Motion and (2) dismiss Kerr-Fletcher's Complaint without prejudice due to his failure to exhaust his administrative remedies (the "R&R"). (See ECF #15.) At the conclusion of the R&R, the Magistrate Judge informed Kerr-Fletcher that if he wanted to seek review of her recommendation, he needed to file specific objections with the Court within fourteen days. (See id. at 9-10, Pg. ID 117-18.)

Kerr-Fletcher has not filed any objections to the R&R. As the Magistrate Judge specifically warned him in the R&R (see id.), this failure to file objections waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Moreover, the failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, because Kerr-Fletcher has failed to file any objections to the R&R, IT IS HEREBY ORDERED that the Magistrate Judge's recommendation is ADOPTED.

IT IS FURTHER ORDERED that the Summary Judgment Motion (ECF #10) is GRANTED and Kerr-Fletcher's Complaint (ECF #1) is DISMISSED WITHOUT PREJUDICE.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer