Reilly v. Michigan Department of Corrections

Filing 31

JUDGMENT APPROVING AND ADOPTING REPORT AND RECOMMENDATION 26 , 13 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, sas)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOSHUA REILLY, Plaintiff, v MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. _______________________________/ Case No. 1:09-cv-892 HON. JANET T. NEFF

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 26) is APPROVED and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that Defendant, Michigan Department of Corrections' Motion for Summary Judgment (Dkt 13) is GRANTED and Judgment is entered against Plaintiff and in favor of Defendant.

1

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).

Date: June 24, 2010

/s/Janet T. Neff JANET T. NEFF United States District Judge

2