Harden #252251 v. Gendernalik et al

Filing 45

JUDGMENT APPROVING AND ADOPTING REPORT AND RECOMMENDATION 44 granting Defendants Gendernalik and Westbrook's Motion for Summary Judgment due to Lack of Exhaustion 25 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, sas)

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-ESC Harden #252251 v. Gendernalik et al Doc. 45 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRAVIS HARDEN, Plaintiff, v DAVAID GENDERNALIK, M.D., 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. 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 44) is APPROVED and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that Defendants Gendernalik and Westbrook's Motion for Summary Judgment due to Lack of Exhaustion (Dkt 25) is GRANTED and Judgment is entered against Plaintiff and in favor of Defendants. 1 Dockets.Justia.com 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: November 22, 2010 /s/Janet T. Neff JANET T. NEFF United States District Judge 2

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