Rogers v. Michigan Department of Corrections

Filing 137

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 136 ; granting motion for summary judgment 134 ; certifying that an appeal of this decision would not be taken in good faith; 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 MILISSA LYNN ROGERS, Plaintiff, Case No. 1:17-cv-383 v. HON. JANET T. NEFF MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. ____________________________/ ORDER This is a civil action filed pursuant to 42 U.S.C. § 1983. Defendant Carmen Palmer, the only remaining defendant at this time, filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on March 6, 2019, recommending that this Court grant the motion and that this matter be terminated. 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. 136) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 134) 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. 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: March 27, 2019 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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