Fulkerson #967488 v. Washington et al

Filing 14

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 12 ; Defendant Holmes' Motion for Summary Judgment is granted 11 ; this matter is terminated; the court discerns no good-faith basis for appeal; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BILLIE FULKERSON #967488, Plaintiff, CASE NO. 1:16-cv-537 v. HON. ROBERT J. JONKER HEIDI WASHINGTON, et al., Defendant. __________________________________/ ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on November 3, 2016 (ECF No. 12). The Report and Recommendation was duly served on the parties no later than November 22, 2016 (ECF No. 13). No objections have been filed under 28 U.S.C. 636(b)(1)(C). ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 12) is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendant Holmes’ Motion for Summary Judgment (ECF No. 11) is GRANTED, and Plaintiff’s claims against Defendant Holmes are DISMISSED without prejudice for failure to exhaust administrative remedies. IT IS FURTHER ORDERED that this matter is TERMINATED. The Court discerns no good-faith basis for appeal of this matter. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997); 28 U.S.C. § 1915(a)(3). Dated: December 16, 2016 /s/ Robert J. Jonker ROBERT J. JONKER CHIEF UNITED STATES DISTRICT JUDGE

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