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Catanzaro v. Michigan Dep't of Corrections

April 23, 2010

MATTHEW CATANZARO, PLAINTIFF,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, BRUCE CURTIS, J. MCHENRY, JUDY COTTON, JUDITH DAOUST, D. SMITH, JOE KLEINHANS, SHERRIE ROBBINS, DEFENDANTS.



The opinion of the court was delivered by: Honorable Thomas L. Ludington

Magistrate Judge R. Steven Whalen

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS CURTIS, COTTON, AND MCHENRY'S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING WITH PREJUDICE PLAINTIFF'S CLAIMS AGAINST DEFENDANTS CURTIS, COTTON, AND MCHENRY

This matter is before the Court on a report and recommendation [Dkt # 149] issued by Magistrate R. Steven Whalen on March 3, 2010. The report and recommendation addresses the motion for summary judgment filed on April 24, 2009, by Defendants Bruce Curtis, J. McHenry, and Judy Cotton [Dkt. # 86] as to Plaintiff Catanzaro's claims of First Amendment retaliation. The magistrate judge recommends that Defendants Curtis, McHenry, and Cotton's motion for summary judgment be granted because Plaintiff Catanzaro has not demonstrated that Plaintiff engaged in constitutionally protected conduct with respect to Defendants Curtis and Cotton, or that Defendant McHenry took an adverse action against Plaintiff.

Due to the fact that the copy of the report and recommendation initially mailed to Plaintiff Catanzaro was returned as undeliverable, the Court remailed the report and recommendation to Plaintiff's updated address, and reset the time for objections. See [Dkt. # 151, 152]. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Nonetheless, the Court agrees with the conclusion reached by the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. # 149] is ADOPTED.

It is further ORDERED that Defendants Curtis, Cotton, and McHenry's motion for summary judgment [Dkt. # 86] is GRANTED, and that Plaintiff Catanzaro's claims against Defendants Curtis, Cotton, and McHenry are DISMISSED WITH PREJUDICE.

It is further ORDERED that the Clerk of the Court is DIRECTED to update the status of Defendants Curtis, Cotton, and McHenry to "terminated" on the docket, and that this order has no effect in Michael Garrison's case [09-14560], which was severed from the instant case on November 19, 2009.

THOMAS L. LUDINGTON United States District Judge

20100423

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