Harden #252251 v. Gendernalik et al

Filing 33

JUDGMENT APPROVING AND ADOPTING REPORT AND RECOMMENDATION 30 ; granting Defendant Stephen Jozlin's Motion for Summary Judgment 20 ; plaintiff's claims against Defendants Kmron, Taglia, Patil, Evans, and Keareybe are dismissed without prejudice for failure to timely effect service ; signed by Judge Janet T. Neff (Judge Janet T. Neff, sas)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

TRAVIS HARDEN, Plaintiff, v DAVID GENDERNALIK, et al., Defendants. _______________________________/ Case No. 1:09-cv-1025 HON. JANET T. NEFF

JUDGMENT This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation, recommending that this Court grant Defendant Jozlin's motion and enter judgment for all defendants. 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 30) is APPROVED and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that the Defendant Stephen Jozlin''s Motion for Summary Judgment (Dkt 20) is GRANTED and Judgment is entered against Plaintiff and in favor of Defendant. IT IS FURTHER ORDERED that plaintiff's claims against Defendants Kmron, Taglia, Patil, Evans, and Keareybe are dismissed without prejudice for failure to timely effect service. 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

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