Jones #350450 v. Cosgrow et al

Filing 71

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 65 ; defendant's motion for summary judgment 41 is granted; plaintiff's complaint is dismissed; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

-ESC Jones #350450 v. Cosgrove et al

Doc. 71

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ____________________

ISAAC K. JONES, Plaintiff, v. JAMES COSGROVE et al., Defendants. / Case No. 1:10-cv-386 HON. JANET T. NEFF

ORDER APPROVING REPORT AND RECOMMENDATION The court has reviewed the Report and Recommendation (Dkt 65) filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (Dkt 65), filed March 7, 2011, is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that defendants' Motion for Summary Judgment (Dkt 41) is GRANTED and plaintiff's complaint is DISMISSED for the reasons stated in the Report and Recommendation. IT IS FURTHER ORDERED that upon review of Plaintiff's claims, this Court can discern no good-faith basis for an appeal and so certifies in accordance with McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997). IT IS FURTHER ORDERED that should plaintiff appeal this decision, the court will access the $455.00 appellate filing fee pursuant to § 1915(b)(1), see McGore, 114 F.3d at 610-11,

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unless plaintiff is barred from proceeding in forma pauperis, e.g., by the "three-strikes" rule of § 1915(g). If he is barred, he will be required to pay the $455 appellate filing fee in one lump sum.

Dated: April 1, 2011

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