Opinion
Case No. 05-CV-73470.
September 19, 2006
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT
This matter is one in which pro se plaintiff Frederick Heinz, an inmate with the Michigan Department of Corrections, alleges he was subjected to cruel and unusual punishment in violation of the Eighth Amendment during periods of pre-trial detention at the Tuscola County Jail. Specifically, plaintiff contends that he was not permitted out-of-cell exercise time and that he was denied a nutritionally adequate diet while incarcerated there.
As provided by 28 U.S.C. § 636(b)(1)(B) and E.D. Mich. LR 72.1(b)(2), the case was assigned to Magistrate Judge Morgan for pre-trial proceedings. Before the court is the magistrate's report and recommendation, filed August 1, 2006, recommending dismissal of plaintiff's complaint.
In Magistrate Morgan's Report and Recommendation, the conclusion section clearly stated that objections to her report and recommendation were to be filed within 10 days of service of a copy thereof. 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72(b). However, plaintiff has filed no objections to the report and recommendation to date. The failure to file such objections waives a party's right to further appeal. Howard v. Secretary of Health Human Services, 932 F.2d 505 (6th Cir. 1991). Also see U.S. v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citing Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd 474 U.S. 140 (1985)).
The court has considered the plaintiff's complaint and the report and recommendation of the magistrate in this matter. The court is in agreement that the plaintiff simply has not established a question of material fact as to liability under § 1983 for the individual or municipal defendants in this case. Accordingly, for the reasons stated in the thorough and well-reasoned report and recommendation of Magistrate Judge Morgan, defendant's motion is granted and plaintiff's complaint is hereby DISMISSED in its entirety.
IT IS SO ORDERED.