Lewis 324269 v. Kienert

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JAMES ALONZO LEWIS, Plaintiff, Case No. 2:19-cv-183 v. HONORABLE PAUL L. MALONEY UNKNOWN KIENERT,et al., Defendants. ____________________________/ ORDERADOPTING REPORT AND RECOMMENDATION This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Kienert filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on July 24, 2020, recommending that this Court grant the motion and enter judgment.1 The Report and Recommendation was duly served on the parties. No objections have been filed. See28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 31) is ADOPTED as the Opinion of the Court. Specifically, the documents attached to the complaint show that Plaintiff pursued his grievance only through Step II and not through Step III. (PageID.170). IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 17) is GRANTED.

1Defendants Ninnis, Unknown Nurse, Viitala, Hill, and Neubecker were dismissed by prior order (ECF No. 5). IT IS FURTHER ORDERED that this Court certifies pursuant to28 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: August 28, 2020 /s/ Paul L. Maloney Paul L. Maloney United States District Judge