Hardy v. Johnston et al

Filing 11

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 10 ; certifying that an appeal 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
GREGORY HARDY,
Plaintiff,
Case No. 1:20-cv-649
v.
HON. JANET T. NEFF
BILL JOHNSTON, et al.,
Defendants.

____________________________/
ORDER
This is a civil action filed by a pro se litigant. The matter was referred to the Magistrate
Judge, who issued a Report and Recommendation on August 25, 2020 (ECF No. 10),
recommending that, except for Plaintiff’s MMWA claim, all of Plaintiff’s federal claims be
dismissed with prejudice for failure to state a claim; that Plaintiff’s MMWA claim be dismissed
without prejudice; and that Plaintiff’s state-law claims be dismissed without 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. 10) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that, except for Plaintiff’s MMWA claim, all of Plaintiff’s
federal claims are DISMISSED WITH PREJUDICE for failure to state a claim; that Plaintiff’s
MMWA claim is DISMISSED WITHOUT PREJUDICE; and that Plaintiff’s state-law claims are
DISMISSED WITHOUT PREJUDICE for the reasons set forth in the Report and
Recommendation.

IT IS FURTHER ORDERED, consistent with the Magistrate Judge’s recommendation,
that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of the Judgment would
not be taken in good faith.
A Judgment will be entered consistent with this Order.

Dated: September 14, 2020

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

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