Perez 230341 v. Kecalovic

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PETER ALFRED PEREZ, Plaintiff, Case No. 1:23-cv-444 v. HON. JANE M. BECKERING MIRELA KECALOVIC, et al., Defendants. ________________________/ ORDER This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendants Kecalovic, Waber, and Killough filed a Motion for Summary Judgment on the Basis of Exhaustion (ECF No. 25). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 32) on September 9, 2024, recommending that this Court grant the motion, dismiss Plaintiff’s remaining claims without prejudice, and close the case. The Report and Recommendation was duly served on the remaining parties. No objections have been filed.

See 28 U.S.C. § 636(b)(1). Accordingly: IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 32) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Motion for Summary Judgment on the Basis of Exhaustion (ECF No. 25) 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 because Plaintiff failed to file any objections to the Report and Recommendation. See McGore v. Wrigglesworth, 114 F.3d 601, 610- (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: October 7, 2024 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge