Roche 612820 v. Morrison

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

TERRELL ROCHE #612820,

Plaintiff, Case No. 1:25-cv-312 v. HONORABLE PAUL L. MALONEY UNKNOWN MORRISON, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a motion to dismiss. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April 21, 2026, recommending that this Court grant the motion. 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. 32) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Leave to File a Sur-reply (ECF No. 29) is GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 23) is GRANTED for failure to exhaust administrative remedies. 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: May 21, 2026 /s/ Paul L. Maloney Paul L. Maloney United States District Judge