Malott #467434 v. Weaver et al
Filing
55
ORDER ADOPTING REPORT AND RECOMMENDATION 54 ; granting 44 motion for partial summary judgment; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL MALOTT,
Plaintiff,
Case No. 1:18-cv-62
v.
HONORABLE PAUL L. MALONEY
LARRY WEAVER, et al.,
Defendants.
____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Remaining
Defendants Gary Blow, Derick Carney, and Larry Weaver filed a motion for partial summary
judgment.
The matter was referred to the Magistrate Judge, who issued a Report and
Recommendation on August 1, 2019, recommending that this Court grant the motion. 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. 54) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment (ECF No.
44) is GRANTED. All of Plaintiff’s claims, except his retaliation claims against Defendants
Weaver and Blow stemming from the November 16, 2016, cell search, 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).
Dated: August 30, 2019
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
2
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