Howell #872975 v. Leavitt et al

Filing 34

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 33 ; granting motion for summary judgment on the basis of exhaustion 27 ; terminating Defendants Palmer, Rosales, and Fosburg; signed by District Judge Jane M. Beckering (rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARCUS HOWELL, Plaintiff, Case No. 1:22-cv-243 v. HON. JANE M. BECKERING UNKNOWN LEAVITT, et al., Defendants. __________________________/ ORDER This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendants Palmer, Rosales, and Fosburg filed a Motion for Summary Judgment on the Basis of Exhaustion (ECF No. 27). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 33) on January 5, 2024, recommending that this Court grant the motion. 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. 33) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants Palmer, Rosales, and Fosburg’s Motion for Summary Judgment on the Basis of Exhaustion (ECF No. 27) is GRANTED. Defendants Michaelee Palmer (named as “Unknown Palmer”), Israel Rosales (named as “Unknown Rosales”), and Roxanne Fosburg (named as “Unknown Fosenburg”) are terminated from this action. Dated: February 5, 2024 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge

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