Evans #574401 v. Michigan Department of Corrections et al

Filing 22

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 21 ; granting motion for summary judgment 15 ; 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)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID EVANS,
Plaintiff,
Case No. 1:18-cv-23
v.
HON. JANET T. NEFF
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

____________________________/
ORDER
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983.
Defendants Beechler and Treble1 filed a motion for summary judgment (ECF No. 15). The matter
was referred to the Magistrate Judge, who issued a Report and Recommendation on November 28,
2018, recommending that this Court grant the motion and that this action 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. 21) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 15) 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,
1

Defendants identify themselves as Amber Beechler and Joleane Tribble (ECF No. 15, PageID.60).

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: December 27, 2018

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

2