Malott #467434 v. Weaver et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATION 63 , Granting 59 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

Case 1:18-cv-00062-PLM-PJG ECF No. 71 filed 10/13/20 PageID.887 Page 1 of 2

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. Defendants Larry
Weaver and Gary Blow filed a motion for summary judgment. The matter was referred to the
Magistrate Judge, who issued a Report and Recommendation on April 23, 2020, recommending
that this Court grant the motion and enter judgment in favor of Defendants Larry Weaver and Gary
Blow. The Report and Recommendation was duly served on the parties. The Court granted two
requests by Plaintiff to extend the deadline by which objections were to be filed, however, 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. 63) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 59) 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,

Case 1:18-cv-00062-PLM-PJG ECF No. 71 filed 10/13/20 PageID.888 Page 2 of 2

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: October 13, 2020

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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