Hedlund #469691 v. Jones et al

Filing 47

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 46 ; granting motion for summary judgment on the basis of exhaustion 20 ; certifying that an appeal of this decision would not be taken in good faith; Judgment to issue; signed by District Judge Jane M. Beckering (rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEITH HEDLUND,
Plaintiff,
Case No. 1:22-cv-355
v.
HON. JANE M. BECKERING
UNKNOWN JONES, et al.,
Defendants.

_________________________/
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendant
John Harris (named as “Correctional Officer Harris”) is the only remaining defendant in this
matter. Defendant Harris filed a Motion for Summary Judgment on the Basis of Exhaustion (ECF
No. 20).

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

Recommendation (ECF No. 46) on January 9, 2024, recommending that this Court grant the
motion. The Report and Recommendation was duly served on the remaining 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. 46) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment on the Basis of
Exhaustion (ECF No. 20) is GRANTED.
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. 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: February 6, 2024

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

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