Kitchen #359930 v. Leach et al

Filing 43

OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 33 ; Defendant Willard's Motion for Summary Judgment 17 is GRANTED; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM KITCHEN, III,
Plaintiff,
Case No. 1:17-cv-371
v.
HON. JANET T. NEFF
DAVE LEACH, et al.,
Defendants.

____________________________/
OPINION AND ORDER
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Patricia
Willard filed a motion for summary judgment, arguing that Plaintiff failed to exhaust
administrative remedies (ECF No. 17). The matter was referred to the Magistrate Judge, who
issued a Report and Recommendation (R&R), recommending Defendant Willard’s motion for
summary judgment be granted (ECF No. 33). The matter is presently before the Court on
Plaintiff’s objection to the Report and Recommendation.

In accordance with 28 U.S.C.

§ 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has performed de novo consideration of those
portions of the Report and Recommendation to which objection have been made. The Court denies
the objection and issues this Opinion and Order.
In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), a party objecting to
the magistrate’s proposed findings must specifically identify the portions of the recommendation
to which objections are made and the basis for such objections. See also W.D. Mich. LCivR
72.3(b). Here, Plaintiff fails to make an objection demonstrating any factual or legal error in the

Magistrate Judge’s analysis or conclusion, relying instead on “the court’s discretion in the matter
of Defendant Patricia Willard” (Pl. Obj., ECF No. 35 at PageID.195).
Accordingly, this Court adopts the Magistrate Judge’s Report and Recommendation as the
Opinion of this Court. Because this action was filed in forma pauperis, 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 (6th Cir. 1997), overruled on other
grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007).
Therefore:
IT IS HEREBY ORDERED that the Objection (ECF No. 35) is DENIED and the Report
and Recommendation of the Magistrate Judge (ECF No. 33) is APPROVED and ADOPTED as
the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant Willard’s Motion for Summary Judgment
(ECF No. 17) 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.

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

Dated: January 10, 2018

2