Houston #281316 v. McDaniels, No. 1:2012cv00299 - Document 26 (W.D. Mich. 2014)
Court Description: OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 24 , granting defendant's motion for summary judgment 12 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SHAWN HOUSTON, Plaintiff, v. Case No. 1:12-cv-299 HON. ROBERT HOLMES BELL UNKNOWN McDANIELS, Defendant. ____________________________________/ OPINION AND ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE S REPORT AND RECOMMENDATION On March 18, 2014, Magistrate Judge Joseph G. Scoville issued a Report and Recommendation ( R&R ) (Dkt. No.24) recommending that Plaintiff s claims against Defendant in his official capacity be dismissed with prejudice and that Defendant s motion for summary judgment on the remaining claims (Dkt. No. 12) be granted. No objections have been filed, and the deadline for doing so has expired.1 The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. For the foregoing reasons, this Court adopts the Magistrate Judge s Report and Recommendation as the Opinion of this Court. A Judgment will be entered consistent with this Opinion and Order. See Fed. R. Civ. P. 58. Because this action was filed in forma pauperis, this Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an appeal of this decision would not be taken 1 Several orders mailed March 17, 2014, were returned to the Court by Brooks Correctional Facility on March 24, 2014, because Plaintiff no longer is confined there. The Clerk of the Court updated Plaintiff s address and re-mailed the R&R on March 24, 2014. The Court therefore began counting Plaintiff s time to respond on that date, resulting in an April 10, 2014 deadline. in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir.1997). Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge s March 18, 2014, R&R (Dkt. No. 24) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Plaintiff s claims against Defendant in his official capacity are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant s motion for summary judgment (Dkt. No. 12) is GRANTED. IT IS FURTHER CERTIFIED that an appeal of this decision would not be taken in good faith. Dated: April 16, 2014 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2
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