James Duff #870201 v. Earnest C. Brooks Correctional Facility, et al.

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JAMES DUFF #870201,

Plaintiff, Case No. 1:24-cv-1149 v. HONORABLE PAUL L. MALONEY EARNEST C. BROOKS CORRECTIONAL FACILITY, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Moore filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on January 21, 2026, recommending that this Court grant the motion and dismiss the complaint. 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. 25) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 21) is GRANTED. IT IS FURTHER ORDERED that the Complaint is DISMISSED with prejudice. 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, 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 20, 2026 /s/ Paul L. Maloney Paul L. Maloney United States District Judge