Thompson #604059 v. Washington et al

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATION 50 ; denying motion to stay 40 ; granting motion for summary judgment 40 ; dismissing plaintiff's complaint; certifying an appeal would not be taken in good faith; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KENNETH THOMPSON #604059, Plaintiff, Case No. 1:21-cv-683 v. HONORABLE PAUL L. MALONEY HEIDI WASHINGTON, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment and Plaintiff filed a motion to stay summary judgment. The matters were referred to the Magistrate Judge, who issued a Report and Recommendation on April 4, 2024, recommending that this Court deny the motion to stay summary judgment and grant the motion for summary judgment. The Report and Recommendation was duly served on the 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. 50) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDER that the motion to stay summary judgment until after discovery (ECF No. 40) is DENIED. IT IS FURTHER ORDERED that the motion for summary judgment (ECF No. 37) is GRANTED. Plaintiff’s complaint is DISMISSED. 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: May 8, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge 2

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