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Harris #292201 v. LeClaire, 2:16-cv-260. (2017)

Court: District Court, W.D. Michigan Number: infdco20171114b69 Visitors: 8
Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . This is a prisoner civil rights action filed pursuant to 42 U.S.C. 1983. Defendant James LeClaire filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on October 13, 2017, recommending that this Court grant the motion. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. 636(b)(1). The
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ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant James LeClaire filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on October 13, 2017, recommending that this Court grant the motion. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 22) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 16) is GRANTED. This case is DISMISSED WITHOUT PREJUDICE to Plaintiff's ability to refile the claim.

IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007).

A Judgment will be entered consistent with this Order.

Source:  Leagle

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