Beal #327749 v. Davids et al

Filing 51

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 50 ; motion for summary judgment 44 is granted; signed by Chief Judge Hala Y. Jarbou (kjw)

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Case 1:21-cv-00522-HYJ-SJB ECF No. 51, PageID.346 Filed 11/20/22 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LATAVIOUS BEAL #327749, Plaintiff, Case No. 1:21-cv-522 v. Hon. Hala Y. Jarbou HEIDI WASHINGTON, et al., Defendants. ____________________________/ ORDER On October 18, 2022, Magistrate Judge Sally J. Berens issued a Report and Recommendation (R&R, ECF No. 50) recommending that the Court grant Defendants’ Motion for Summary Judgment (ECF No. 44) on the grounds that Plaintiff failed to exhaust his administrative remedies prior to filing this action as required by the PLRA and dismiss Beal’s claims against Defendants without prejudice. The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so expired on November 15, 2022. On review, the Court concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS ORDERED that the R&R (ECF No. 50) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF No. 44) is GRANTED. IT IS FURTHER ORDERED that the Court declines to certify that an appeal would not be in good faith. Case 1:21-cv-00522-HYJ-SJB ECF No. 51, PageID.347 Filed 11/20/22 Page 2 of 2 A judgment will enter in accordance with this order. /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE Dated: November 20, 2022 2

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