Kirkendall #854212 v. Conklin et al

Filing 57

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 56 ; granting motion for summary judgment 54 ; the Court does not certify that an appeal would not be in good faith; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

Case 1:18-cv-00480-JTN-SJB ECF No. 57 filed 08/04/20 PageID.464 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RAYMOND KIRKENDALL, III,
Plaintiff,
Case No. 1:18-cv-480
v.
HON. JANET T. NEFF
UNKNOWN CONKLIN, et al.,
Defendants.

____________________________/

ORDER
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983.
Defendant Conklin, the only remaining defendant in this action, filed a Motion for Summary
Judgment (ECF No. 54). The matter was referred to the Magistrate Judge, who issued a Report
and Recommendation on July 10, 2020, recommending that this Court grant the motion and
dismiss Plaintiff’s amended complaint with prejudice. The Report and Recommendation was duly
served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 56) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 54) is
GRANTED.
The Court must next decide whether an appeal of this action would be in good faith within
the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th
Cir. 1997). The Court does not certify that an appeal would not be in good faith.

Case 1:18-cv-00480-JTN-SJB ECF No. 57 filed 08/04/20 PageID.465 Page 2 of 2

A Judgment will be entered consistent with this Order.

Dated: August 4, 2020

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

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