MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 77) AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. 72) AND DENYING PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE (Doc. 70) AND MOTION TO STRIKE DEFENDANTS' MOTION (Doc. 75) AND DISMISSING CASE
AVERN COHN, District Judge.
This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff James Mitchell, proceeding pro se, filed a complaint against twenty-one (21) defendants and presenting multiple claims. The matter was referred to a magistrate judge for pretrial proceedings. See Doc. 6. Following motions and the adoption of the magistrate judge's report and recommendation, the case was pared down to five claims against six defendants: Director Heyns, C/O Cerny, RUM Peet, Sergeant Levy, Hearing Investigator Scott, Grievance Coordinator Parsons, and Deputy Warden McCullick (Doc. 50). In general, plaintiff claims stem from a Class II ticket for insolence that defendant C/O Cerny issued and of which plaintiff was found guilty following a hearing, resulting in two days of lost privileges. Defendants filed a motion for summary judgment on all remaining claims. (Doc. 72). Plaintiff filed a motion for an order to show cause (Doc. 70) and a motion to strike defendants' motion for summary judgment (Doc. 75). On May 25, 2017, the magistrate judge issued a report and recommendation (MJRR), recommending that defendants' motion be granted and plaintiff's motions be denied. Neither party has objected to the MJRR and the time for filing objections has passed.
The failure to file objections to the MJRR waives any further right to appeal.
Accordingly, for the reasons stated above, the MJRR is ADOPTED as the findings and conclusions of the Court. Defendants' motion for summary judgment is GRANTED. Plaintiff's motion for an order to show cause and motion to strike defendants' motion are DENIED. This case is DISMISSED.