Allen 790209 v. Higgins
Allen 790209 v. Higgins
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
JERMAINE JAMAL ALLEN,
Plaintiff, Case No. 1:22-cv-841 v. HON. JANE M. BECKERING UNKNOWN HIGGINS, et al.,
Defendants. _________________________/
ORDER
This is a civil rights action brought by a state prisoner under
42 U.S.C. § 1983. Defendant Higgins filed a Motion for Summary Judgment (ECF No. 50). Plaintiff filed Motions for Partial Summary Judgment (ECF Nos. 52 & 56). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 63) on July 15, 2025, recommending that this Court grant Defendant’s motion and deny Plaintiff’s motions. In addition, the Magistrate Judge recommends that an appeal of this matter by Plaintiff would not be in good faith. The Report and Recommendation was duly served on the parties. On August 12, 2025, the Court extended the deadline for Plaintiff to file any objections to the Report and Recommendation (see ECF No. 65). On September 2, 2025, Plaintiff filed a proof of service (ECF No. 66) and a letter regarding late objections (ECF No. 67). To date, 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. 63) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendant Higgins’ Motion for Summary Judgment (ECF No. 50) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s Motions for Partial Summary Judgment (ECF Nos. 52 & 56) are DENIED. 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. 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: September 17, 2025 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge
Reference
- Status
- Unknown