Fortenberry v. JCS Healthcare et al, No. 4:2022cv12367 - Document 42 (E.D. Mich. 2024)

Court Description: OPINION AND ORDER Adopting Report and Recommendation for 31 Motion for Summary Judgment, filed by Kristin Maxson, Jodi Nakata, 40 Report and Recommendation,, Kristin Maxson (Health Unit Manager) and Jodi Nakata (Nurse) terminated. Signed by District Judge F. Kay Behm. (NAhm)

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Fortenberry v. JCS Healthcare et al Doc. 42 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD FORTENBERRY, Case No. 22 12367 Plaintiff, F. Kay Behm v. United States District Judge TAMARA KELLEY, et al., Kimberly G. Altman United States Magistrate Defendants. Judge ____________________________/ OPINION AND ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S MARCH 5, 2024 REPORT AND RECOMMENDATION (ECF No. 40) Currently before the Court is Magistrate Judge Kimberly G. Altman’s Report and Recommendation. (ECF No. 40). Magistrate Judge Altman recommends granting Defendants Maxson and Nakata’s motion for summary judgment on the basis of failure to exhaust administrative remedies, and dismissing them as Defendants without prejudice. (ECF Nos. 40, 31). 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 Dockets.Justia.com (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. 40), grants Defendants’ motion for summary judgment (ECF No. 31), and DISMISSES Defendants Maxson and Nakata as Defendants, without prejudice. SO ORDERED. Date: April 4, 2024 s/F. Kay Behm F. Kay Behm United States District Judge 2

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