Gamble v. Muskegon County Sheriff's Department et al

Filing 43

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 41 ; granting 31 and 33 motions for summary judgment; dismissing as moot 35 motion to compel discovery and 37 motion for summary judgment; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BOBBY DERRICK GAMBLE,
Plaintiff,
Case No. 1:16-cv-1118
v.
HONORABLE PAUL L. MALONEY
MUSKEGON COUNTY SHERIFF'S
DEPARTMENT, et al.,
Defendants.

____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant David
Lopez filed a motion for summary judgment (ECF No. 31). Defendants Muskegon County
Sheriff's Department, Sheriff Dean Roseler, Lt. Mark Burns, Sgt. Todd Gilchrest, Sgt. Chris
Griswold, Sgt. Matt Smith, and Sgt. Gregory Wood also filed a motion for summary judgment
(ECF No. 33). The matter was referred to the Magistrate Judge, who issued a Report and
Recommendation on September 18, 2017, recommending that this Court grant the motions and
dismiss the claims against the John Doe defendants 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). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 41) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 31) is
GRANTED.

IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 33) is
GRANTED.
IT IS FURTHER ORDERED that the Motion to Compel Discovery (ECF No. 35) and
the Motion for Summary Judgment (ECF No. 37) both filed by Defendant Lopez are DISMISSED
AS MOOT.
IT IS FURTHER ORDERED that the claims against all defendants are DISMISSED
WITHOUT PREJUDICE.
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 19, 2017

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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