Howell #240303 v. Mayhew et al, No. 1:2021cv00069 - Document 28 (W.D. Mich. 2022)

Court Description: OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 27 ; Judgment to issue; signed by Judge Janet T. Neff (jra)

Download PDF
Howell #240303 v. Mayhew et al Doc. 28 Case 1:21-cv-00069-JTN-PJG ECF No. 28, PageID.219 Filed 05/31/22 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KEVIN HOWELL, Plaintiff, Case No. 1:21-cv-69 v. HON. JANET T. NEFF UNKNOWN MAYHEW, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment on the ground that Plaintiff has failed to properly exhaust his administrative remedies. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April 27, 2022, recommending that this Court grant the motion and enter judgment in favor of Defendants. 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. 27) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 19) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s remaining claims against Defendants are DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com Case 1:21-cv-00069-JTN-PJG ECF No. 28, PageID.220 Filed 05/31/22 Page 2 of 2 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 because Plaintiff failed to file any objections. 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. /s/ Janet T. Neff JANET T. NEFF United States District Judge Dated: May 31, 2022 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.