Johnson #503245 v. George et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 34 ; granting defendant Thomas G. George's motion for summary judgment 26 ; appeal would not be taken in good faith; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

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Johnson #503245 v. George et al Doc. 36 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER L. JOHNSON, Plaintiff, Case No.: 1:09-cv-482 v. HONORABLE PAUL L. MALONEY THOMAS G. GEORGE, Defendant. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Joseph G. Scoville in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation (Dkt. #34) is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that defendant's motion for summary judgment (Dkt. #26) is GRANTED. The plaintiff's Complaint is DISMISSED. Because the plaintiff proceeds in forma pauperis, the Court must determine whether any appeal would be taken in good faith. See 28 U.S.C. 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir. 1997). Because no objections have been filed, the court concludes that an appeal would not be taken in good faith. Dated: November 3, 2010 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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