Hill #197103 v. McKee

Filing 39

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 37 ; defendants Alvarez and Chick's Motion for Summary 25 is granted; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
____________________

ANDREW LEE-LEO HILL,
Plaintiff,

Case No. 1:10-cv-470

v.

HON. JANET T. NEFF

KENNETH McKEE et al.,
Defendants.
/

ORDER APPROVING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation 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 37), filed April 22, 2011, is approved and adopted as the opinion of the court.
IT IS FURTHER ORDERED that defendants Alvarez and Chick’s Motion for Summary
Judgment (Dkt 25) is GRANTED. Specifically, plaintiff’s claims asserted against defendants
Alvarez and Chick in their official capacity are dismissed on Eleventh Amendment grounds;
plaintiff’s claims against defendants Alvarez and Chick are dismissed without prejudice for failure
to properly exhaust administrative remedies; defendant Alvarez’s motion for summary judgment be
granted; and defendant Chick’s motion for qualified immunity be denied 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 appellate filing fee pursuant to § 1915(b)(1), see McGore, 114 F.3d at 610-11,
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: May 16, 2011

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