Cirisan #257461 v. Burnett et al

Filing 42

JUDGMENT APPROVING AND ADOPTING REPORT AND RECOMMENDATION 41 signed by Judge Janet T. Neff; granting defendants' motion for summary judgment 22 ; this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Judgment would not be taken in good faith(Judge Janet T. Neff, sas)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP DOUGLAS CIRISAN, Plaintiff, v DAVE BURNETT, et al., Defendants. _______________________________/ JUDGMENT This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation, recommending that this Court grant Defendant's motion and enter judgment for Defendant. The Report and Recommendation was duly served on the parties. No objections have been filed, see 28 U.S.C. § 636(b)(1), and the Court issues this Judgment pursuant to FED. R. CIV. P. 58. THEREFORE, IT IS ORDERED that the Report and Recommendation (Dkt 41) is APPROVED and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that the Motion for Summary Judgment (Dkt 22) is GRANTED and Judgment is entered against Plaintiff and in favor of Defendants. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Judgment would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997). Case No. 1:07-cv-1281 HON. JANET T. NEFF

Dated: January 26, 2009

/s/Janet T. Neff JANET T. NEFF UNITED STATES DISTRICT JUDGE 1