Mullins v. Moore et al

Filing 23

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 22 ; granting motion for summary judgment 13 ; 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
BILLY JOE MULLINS,
Plaintiff,
Case No. 1:18-cv-681
v.
HON. JANET T. NEFF
TODD MOORE, et al.,
Defendants.

____________________________/
ORDER
This is a civil rights action brought under 42 U.S.C. § 1983, by a person who is presently
incarcerated with the Michigan Department of Corrections at the Ionia Correctional Facility in
Ionia, Michigan. Defendant Todd Moore filed a motion for summary judgment. The matter was
referred to the Magistrate Judge, who issued a Report and Recommendation on June 12, 2019,
recommending that this Court grant the motion and this action be terminated. The Report and
Recommendation was duly served on the remaining 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. 22) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 13) 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,

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: July 8, 2019

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

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