Burton 495156 v. Michigan Department of Corrections

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION LAMAR BURTON,

Plaintiff,

Case No. 1:20-cv-898 v.

Hon. Hala Y. Jarbou

MICHIGAN DEPARTMENT OF CORRECTIONS, et al.,

Defendants. ____________________________/

ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Jon Nehf filed a motion for summary judgment (ECF No. 21). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April 26, 2021, recommending that this Court grant the motion and enter judgment in favor of Defendant Jon Nehf (ECF No. 31). The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly:

IT IS ORDERED that the Report and Recommendation (ECF No. 31) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that Defendant Jon Nehf’s Motion for Summary Judgment (ECF No. 21) 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: May 27, 2021 /s/ Hala Y. Jarbou

HALA Y. JARBOU UNITED STATES DISTRICT JUDGE