Cisneros #389972 v. Mireles et al

Filing 23

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 22 ; granting motion for summary judgment on the basis of exhaustion 16 ; terminating Defendants Mireles, Allen, and Barton; certifying that an appeal of this decision would not be taken in good faith; signed by District Judge Jane M. Beckering (rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JARRYD ALYAS CISNEROS,
Plaintiff,
Case No. 1:22-cv-312
v.
HON. JANE M. BECKERING
UNKNOWN MIRELES, et al.,
Defendants.

__________________________/
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendants
Mireles, Allen, and Barton filed a Motion for Summary Judgment on the Basis of Exhaustion (ECF
No. 16).

The matter was referred to the Magistrate Judge, who issued a Report and

Recommendation (ECF No. 22) on October 11, 2023, recommending that this Court grant the
motion and that Plaintiff’s claims against Defendants Mireles, Allen, and Barton be dismissed
without prejudice for failure to exhaust administrative remedies. In addition, the Magistrate Judge
recommended that an appeal of this matter by Plaintiff would not be in good faith. The Report
and Recommendation was duly served on the applicable 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. 22) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants Mireles, Allen, and Barton’s Motion for
Summary Judgment on the Basis of Exhaustion (ECF No. 16) is GRANTED. Defendants Mireles,
Allen, and Barton are terminated from this action.

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
objections to the Report and Recommendation. See McGore v. Wrigglesworth, 114 F.3d 601, 61011 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007).

Dated: November 13, 2023

/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge

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