Hickman 577165 v. Washington

• Court: District Court, W.D. Michigan
• Decided: February 27, 2025
• Docket: 2:23-cv-00002
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

LEONARD M. HICKMAN,

Plaintiff, Case No. 2:23-cv-2 v. HON. JANE M. BECKERING HEIDI E. WASHINGTON, et al.,

Defendants. ________________________/

ORDER

This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Plaintiff’s Eighth Amendment claim against Defendant Unknown Party #1 (named in the Complaint as “John Doe - assigned position nursing supervisor”) remains. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 32) on January 29, 2025, recommending that this Court dismiss Plaintiff’s claim against Defendant Unknown Party #1 without prejudice and enter a final judgment concluding this case in favor of Defendants. The Report and Recommendation was duly served on Plaintiff.1 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 Plaintiff’s Eighth Amendment claim against Defendant Unknown Party #1 is DISMISSED WITHOUT PREJUDICE.

1 Plaintiff is the only remaining party that has appeared in the case. Defendant Unknown Party #1 has not yet filed an appearance. 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- 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: February 27, 2025 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge