Bennett #720938 v. Christiansen

Filing 74

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 72 ; Plaintiff's claims for damages against Defendant in his official capacity are dismissed with prejudice; Plaintiff's claim stemming from his confinement in temporary segregation i s dismissed with prejudice; Defendant's Motion for Summary Judgment 32 is granted, and Plaintiff's remaining claims are dismissed without prejudice; 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)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RYAN JUSTIN BENNETT #720938,
Plaintiff,
CASE NO. 1:16-CV-1297
v.
HON. ROBERT J. JONKER
JOHN CHRISTIANSEN,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on December 12, 2017 (ECF No. 72). The Report and
Recommendation was duly served on the parties. (The Court notes the Report and Recommendation
was re-mailed to Plaintiff on December 21, 2017 due to a change in address.) 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. 72) is approved and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s claims for damages against Defendant in his
official capacity are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s claim stemming from his confinement in
temporary segregation is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment (ECF No.
32) is GRANTED, and Plaintiff’s remaining claims are DISMISSED WITHOUT PREJUDICE.

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).

Date:

January 12, 2018

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE