Lewis #227535 v. Spitters et al

Filing 85

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 84 ; granting motion for summary judgment 67 ; certifying that an appeal of this decision would not be taken in good faith; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWIN LEWIS, Plaintiff, Case No. 1:14-cv-917 v. HON. JANET T. NEFF DANIEL SPITTERS, et al., Defendants. ____________________________/ ORDER This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. Defendant Mark Karnitz filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on November 3, 2016, recommending that this Court grant the motion and terminate this matter. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (Dkt 84) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (Dkt 67) is GRANTED. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997). A Judgment will be entered consistent with this Order. Dated: November 28, 2016 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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