Malott 467434 v. Weaver

District Court, W.D. Michigan

Malott 467434 v. Weaver

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL MALOTT, Plaintiff, Case No. 1:18-cv-62 v. HONORABLE PAUL L. MALONEY LARRY WEAVER, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This is a prisoner civil rights action filed pursuant to

42 U.S.C. § 1983

. Defendants Larry Weaver and Gary Blow filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April 23, 2020, recommending that this Court grant the motion and enter judgment in favor of Defendants Larry Weaver and Gary Blow. The Report and Recommendation was duly served on the parties. The Court granted two requests by Plaintiff to extend the deadline by which objections were to be filed, however, 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. 63) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 59) is GRANTED. 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.

Dated: October 13, 2020 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

Reference

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