Summary
The United States District Court for the Eastern District of Michigan accepted a magistrate judge’s report and recommendation after no timely objections were filed. The court granted in part certain defendants’ motion to dismiss, denied other pending motions without prejudice, and transferred the case to the Western District of Michigan.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's failure to file timely objections to the magistrate judge's report and recommendation waived district-court review of the report's findings and recommended disposition.
- Whether the court should adopt the report and recommendation, grant the specified motion to dismiss in part, deny the remaining motions without prejudice, and transfer the case to the Western District of Michigan.
Holdings
- A party's failure to file timely and specific objections to a magistrate judge's report and recommendation constitutes procedural default and waives further review of the magistrate judge's findings by the district court.
- The court adopted the magistrate judge's recommended disposition, granted in part the motion to dismiss filed by Defendants Blessman, McIntyre, Morrison, and Washington, denied without prejudice the motions involving Defendants Coleman and Massery and Wellpath/Grand Prairie Health Care, and transferred the case to the Western District of Michigan.
Key quotations
“The Court finds that Stenberg’s failure to timely object is a procedural default, waiving review of Judge Altman’s findings by this Court.” (ECF No. 96)
“The Court therefore finds that the parties have waived further review of Judge Altman’s report and recommendation (ECF No. 96), and accepts its recommended disposition.” (ECF No. 96)
Factual background
Edward Albert Stenberg, proceeding pro se, sued twelve defendants, primarily medical personnel and other staff at the Thumb Correctional Facility in Lapeer, Michigan. He alleged that the defendants violated his Eighth Amendment rights through deliberate indifference to his serious medical needs. The order did not resolve the merits of those allegations; it addressed objections to a magistrate judge's report and recommendation and the disposition of pending motions.
Procedural history
Stenberg filed a pro se civil-rights action alleging that medical personnel and other staff at the Thumb Correctional Facility violated the Eighth Amendment by acting with deliberate indifference to his serious medical needs. Magistrate Judge Altman issued a report and recommendation on January 15, 2026. After the objection period, including mailing extensions and the prison mailbox rule, expired without objections, the district court accepted the report and recommendation, granted Defendants Blessman, McIntyre, Morrison, and Washington's motion to dismiss in part, denied without prejudice the motions involving Coleman and Massery and Wellpath/Grand Prairie Health Care, and transferred the case to the Western District of Michigan.
Remand instructions
No remand was ordered. The case was transferred to the Western District of Michigan.