McMurray 585347 v. Dunnigan

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

FLOYD McMURRAY, Plaintiff, Case No. 1:20-cv-847 v. HONORABLE PAUL L. MALONEY UNKNOWN DUNNIGAN, et al., Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Breedlove, Dunnigan, King, Martin, Rockwell, Silvernail, Skipper, and Wixson filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on June 7, 2021, recommending that this Court grant the motion and dismiss Plaintiff’s claims.1 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. 30) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 13) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff’s claims against all Defendants are DISMISSED WITHOUT PREJUDICE.

1 Defendants Miller, Burke, and Hilding were dismissed from this lawsuit by prior Order (ECF No. 6).

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: July 8, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge