Crane #779001 v. Smith et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION 45 ; granting in part 23 motion for summary judgment; plaintiff's claims against defendants Smith, Mucha, and Bellinger are dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TIMOTHY CRANE,
Plaintiff,
Case No. 1:18-cv-227
v.
HONORABLE PAUL L. MALONEY
ERIC SMITH, et al.,
Defendants.

____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Eric
Smith, Patrick Miseta, Aimee Mucha, Kevin Smiley, and Jack Bellinger filed a motion for
summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and
Recommendation on February 11, 2019, recommending that this Court grant the motion in part
and deny the motion in part. 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. 45) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 23) is
GRANTED IN PART, and Plaintiff’s claims against Defendants Eric Smith, Aimee Mucha, and
Jack Bellinger are DISMISSED.
IT IS FURTHER ORDERED that this case will proceed against Defendants Patrick
Miseta (Count 3) and Kevin Smiley (Count 4) on Plaintiff’s claims that Defendants Miseta and

Smiley violated his 8th Amendment rights when they refused to provide him with a sanction break
which included adequate time for exercise outdoors.
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: March 13, 2019

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

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