UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES KITCHEN, #751036, Plaintiff, File no: 2:23-cv-94 v. HON. ROBERT J. JONKER UNKNOWN LAROUX, et al., Defendants. / ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on December 6, 2023 (ECF No. 37). 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. 37) is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motions for summary judgment (ECF Nos. 11, 22) are GRANTED. IT IS FURTHER ORDERED that this matter is TERMINATED. The Court discerns no good-faith basis for appeal of this matter. See McGore v. Wrigglesworth,

(6th Cir. 1997); 28 U.S.C. ' 1915(a)(3). Dated: January 7, 2024 /s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE