McCreery v. Singhal

Full title: ANGELA KAY McCREERY, Plaintiff, v. GOPAL SINGHAL, et al., Defendants

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Apr 10, 2006

Case No. 05-CV-74652 (E.D. Mich. Apr. 10, 2006)

Opinion

Case No. 05-CV-74652.

April 10, 2006

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT

GEORGE STEEH, District Judge

This matter is one in which pro se plaintiff Angela McCreery, an inmate with the Michigan Department of Corrections, was granted in forma pauperis status for the filing of her complaint, in which she claims deliberate indifference to medical needs in the treatment of a broken foot.

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 Capel for pre-trial proceedings. Before the court is his Report and Recommendation, filed March 16, 2006, recommending the dismissal of plaintiff's complaint without prejudice for failure to demonstrate exhaustion of administrative remedies.

In Magistrate Capel's Report and Recommendation, the conclusion section clearly stated that objections to his 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). 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 (6^th Cir. 1991). Also see U.S. v. Campbell, 261 F.3d 628, 631-32 (6^th Cir. 2001) (citing Thomas v. Arn, 728 F.2d 813 (6^th Cir. 1984), aff'd 474 U.S. 140 (1985)).

The court has considered the plaintiff's complaint, the pleadings on the motion to dismiss, and the report and recommendation of the magistrate in this matter. The court is in agreement that the PLRA and relevant Sixth Circuit case law mandates this court's dismissal of this action, for failure to allege exhaustion of administrative remedies. Baxter v. Rose, 305 F.3d 486, 488-89 (6^th Cir. 2002), Jones Bey v. Johnson, 407 F.3d 801, 805-06 (6^th Cir. 2004) (Rehearing en banc denied October 12, 2005).

Accordingly, for the reasons given above as well as those stated in the report and recommendation of Magistrate Judge Capel, plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.