Adams 462766 v. Poupard

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DAVID ADAMS #462766, Plaintiff, Case No. 2:23-cv-47 v. HON. ROBERT J. JONKER JAY POUPARD et al., Defendants. / ORDER APPROVING AND ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on November 22, 2024 (ECF No. 39). The Report and Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C. § 636(b)(1)(C).

ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 39) is APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that all of Plaintiff’s Eighth Amendment claims related to contaminated food are DISMISSED. Plaintiff’s First Amendment Retaliation claims against Defendants Watt and Gagnon are DISMISSED. Plaintiff’s sur-reply to the motion for summary judgment (ECF No. 36) is STRICKEN. Plaintiff’s First Amendment Retaliation claim against Defendant Sullivan remains.

The Court discerns no good-faith basis for appeal of this matter. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997); 28 U.S.C. § 1915(a)(3).

Dated: December 16, 2024 /s/ Robert J. Jonker