Syzak #215189 v. Lindhost et al

Filing 41

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 38 ; 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 SCOTT SYZAK, Plaintiff, Case No. 1:16-cv-727 v. HON. JANET T. NEFF ANDREA LINDHOUT, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on September 6, 2017, recommending that this Court dismiss the unidentified “Health Unit Manager” for failure to timely effect service. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly, this Court adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. Because this Order resolves the last pending claim in this matter, a Judgment will also be entered. See FED. R. CIV. P. 58. Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 38) is APPROVED and ADOPTED as the Opinion of the Court. 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, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). A Judgment will be entered consistent with this Order. Dated: October 2, 2017 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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