UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TERRENCE LYNN GARRETT,

Plaintiff,

v. Case No. 09-13141

TROOPER SCOTT ADAMS, HON. AVERN COHN

TROOPER TROY SZUKHENT,

MICHIGAN STATE TROOPER

DEPARTMENT AND THE STATE OF

MICHIGAN, DEPUTY TIM LIGHT,

GENESEE COUNTY SHERIFF 

DEPARTMENT, THE COUNTY OF

GENESEE, SERGEANT DENNIS CHASE,

OFFICER AARON QUINN, OFFICER 

TIM BUECHE, OFFICER BRIAN SAVARD,

GRAND BLANC TOWNSHIP POLICE 

DEPARTMENT, and THE TOWNSHIP

OF GRAND BLANC,

Defendants.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 114)

AND

GRANTING THE REMAINING DEFENDANTS’ MOTIONS FOR SUMMARY

JUDGMENT

AND

DISMISSING CASE

I.

This is a pro se prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff claims

that the defendants violated his constitutional rights by using excessive force during his

arrest and subsequently conspiring to cover-up what they did. The matter has been

referred to a magistrate judge for pretrial proceedings. Following dispositive motions

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filed by all of the defendants, and a report and recommendation by the magistrate

judge, only plaintiff's claims against defendants Tim Bueche, Brian Savard, Tim Light,

Scott Adams and Troy Szukhent remained pending additional discovery. See Docs. 99,

106. Plaintiff received the requested discovery, which included a video of the incident. 

The magistrate judge had an evidentiary hearing and heard oral argument from the

parties. The magistrate judge, in a thorough-going analysis, now recommends that the

remaining defendants’ motions for summary judgment be granted. Doc. 114.

II.

The MJRR accurately sets for the procedural history and facts leading to

plaintiff's claims. The Court also recounted much of the procedural history in its order

adopting the magistrate judge's report and recommendation with respect to the other

defendants. See Doc. 106. There is no need to repeat what has already been set forth.

III.

Neither party has objected to the MJRR and the time for filing objections has

passed. The failure to file objections to the report and recommendation waives any

further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d

1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s

report releases the Court from its duty to independently review the motions. Thomas v.

Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR and agrees

with the magistrate judge. 

IV.

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Accordingly, the findings and conclusions of the magistrate judge are ADOPTED

as the findings and conclusions of the Court. Defendants’ Bueche, Savard, Light

Adams, and Szukhent's motions for summary judgment are GRANTED. This case is

DISMISSED.

SO ORDERED.

 S/Avern Cohn

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: May 18, 2011

I hereby certify that a copy of the foregoing document was mailed to Terrence Garrett,

219254, Bellamy Creek Correctional Facility, 1727 West Bluewater Highway, Ionia, MI

48846 and the attorneys of record on this date, May 18, 2011, by electronic and/or

ordinary mail.

 S/Julie Owens

Case Manager, (313) 234-5160

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