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Boussum v. Scutt

March 10, 2010

MARK BOUSSUM, ET AL., PLAINTIFFS,
v.
D. SCUTT, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Marianne O. Battani United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND TO DENY PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Plaintiffs Mark Boussum, Benjamin Platt, and Kenneth Harrison filed a complaint challenging conditions of confinement at the G. Robert Cotton Correctional Facility in Jackson, Michigan. The matter was referred to Magistrate Judge Mark A. Randon for pretrial proceedings.

In a Report and Recommendation ("R&R") dated February 16, 2010, Magistrate Judge Randon recommended that Plaintiffs' Motion for Preliminary Injunction and Motion for Class Certification be denied. See Doc. No. 25.

Pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2), a party seeking review of a magistrate judge's report and recommendation is required to act within ten days of service of the R&R. Magistrate Judge Randon informed the parties that a failure to file objections waives any further right of appeal. See R&R at 8-9. Neither party filed an objection. Because no objection has been filed in this case, the parties waived their right to appeal.

The Court finds the R&R accurately articulates the law and presents a well-reasoned, persuasive analysis of the application of governing law to the facts of this case, and the Court ADOPTS the Report and Recommendation. Accordingly, the motions are DENIED.

IT IS SO ORDERED.

20100310

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