Freeman 752710 v. Holmes

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION DALE FREEMAN,

Plaintiff,

Case No. 1:19-cv-728 v.

HON. JANET T. NEFF SCOTT L. HOLMES, et al.,

Defendants. ____________________________/

ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant David Kimmel filed a Motion for Summary Judgment (ECF No. 38). Defendants Scott Holmes, M.D., and Kyle Sperling, P.A. filed a Motion for Summary Judgment (ECF No. 40). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on May 19, 2021, recommending that this Court grant the motions and dismiss with prejudice Plaintiff’s Complaint (ECF No. 55). The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1); W.D. Mich. LCivR 73.2(b). Accordingly:

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 55) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Motions for Summary Judgment (ECF Nos. 38 & 40) are 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 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.

Dated: June 15, 2021 /s/ Janet T. Neff

JANET T. NEFF

United States District Judge