UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JACOB BAILEY #930092,

Plaintiff, Case No. 1:23-cv-57 v. HONORABLE PAUL L. MALONEY MICHIGAN DEPARTMENT OF CORRECTIONS, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to

. Defendants Sabrina Davis and John Toogood filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on July 9, 2024, recommending that this Court grant the motion and enter judgment1. The Report and Recommendation was duly served on the parties. No objections have been filed. See

(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 35) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 22) is GRANTED. Plaintiff’s remaining Eighth Amendment claims are DISMISSED WITHOUT PREJUDICE.

1 A previous order issued by the court dismissed plaintiff’s claims as to the other defendants named in the complaint (ECF No. 9). IT IS FURTHER ORDERED that this Court certifies pursuant to

(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth,

(6th Cir. 1997), overruled on other grounds by Jones v. Bock,

(2007). A Judgment will be entered consistent with this Order.

Dated: August 12, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge