Bradley v. Benton Harbor Police Department

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WADE BRADLEY, Plaintiff, Case No. 1:21-cv-176 v. HONORABLE PAUL L. MALONEY BENTON HARBOR POLICE DEPARTMENT, et al., Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff initiated this lawsuit in the Eastern District of Michigan in September 2019. The matter was transferred to this district on February 23, 2021. Defendant Michigan Department of Corrections (“MDOC”) filed a motion to dismiss. The motion was referred to the Magistrate Judge, who issued a Report and Recommendation on May 24, 2021, recommending this Court grant the motion. 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. 20) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Motion to dismiss filed by MDOC (ECF No. 17) is GRANTED.

IT IS FURTHER ORDERED that for the same reasons the Court concludes that Plaintiff’s claims are properly dismissed, the Court also concludes that any issue Plaintiff might raise on appeal would be frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962).

Accordingly, the Court certifies that an appeal would not be taken in good faith.

Dated: June 16, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge