Phillips-Addis #420015 v. Bottrell et al

Filing 135

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 133 ; granting motions for summary judgment 94 , 125 ; 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)

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Case 1:20-cv-00620-JTN-RSK ECF No. 135, PageID.1171 Filed 09/08/21 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANDREW J. PHILLIPS-ADDIS, Plaintiff, Case No. 1:20-cv-620 v. HON. JANET T. NEFF NOAH BOTTRELL, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Christopher Ward and Gordon Best filed a Motion for Summary Judgment (ECF No. 94). Defendant Noah Bottrell filed a Motion for Summary Judgment (ECF No. 125). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on August 9, 2021 (ECF No. 133), recommending that this Court grant the motions and terminate this action. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1); W.D. Mich. LCivR 73.2(b). Accordingly: IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 133) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motions for Summary Judgment (ECF Nos. 94 & 125) are 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 because Plaintiff failed to file any Case 1:20-cv-00620-JTN-RSK ECF No. 135, PageID.1172 Filed 09/08/21 Page 2 of 2 objections. 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: September 8, 2021 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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