Atkins 742687 v. Myers

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

ALLEN ATKINS #742687,

Plaintiff, Case No. 2:23-cv-114 v. HONORABLE PAUL L. MALONEY UNKNOWN MYERS, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Myers filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on November 22, 2024, recommending that this Court grant the motion and dismiss the case1. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(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. 32) 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. See McGore v. Wrigglesworth,

1 The other Defendants named in Plaintiff’s complaint were dismissed by prior orders of the court (ECF Nos. 15 and 26). 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: December 30, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge