Thomas #571060 v. Fox et al

Filing 52

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 51 , GRANTING Defendant's Motion for Summary Judgment 41 , DENYING Plaintiff's Motion for Summary Judgment 39 ; this matter is TERMINATED; signed by Judge Robert J. Jonker (elam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEVIN THOMAS, JR., #571060
Plaintiff,
v.
ALEXANDER RAY FOX, et al.,

Case No. 1:22-cv-1038
Hon. Robert J. Jonker

Defendants.
___________________________/
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION
In July 2022, a jury in Kent County, Michigan acquitted Plaintiff Kevin Thomas, Jr. of
unlawful delivery a controlled substance causing death and the lesser-included offense of unlawful
delivery of a controlled substance. In this § 1983 malicious prosecution action, Thomas contends
that Defendant Alexander Ray Fox—a detective with the Kent County Sheriff’s Department—
falsified information throughout the State criminal case. Thomas and Fox both move for summary
judgment. (ECF Nos. 39, 41). On May 15, 2024, Magistrate Judge Berens filed a Report and
Recommendation recommending that the Court grant Fox’s motion for summary judgment and
deny Thomas’s motion for summary judgment. (ECF No. 51). The Court has carefully reviewed
Judge Berens’s thorough Report and Recommendation, which was duly served on the parties. No
objections have been filed under 28 U.S.C. § 636(b)(1)(C).
ACCORDINGLY, IT IS ORDERED that:
1.

The Report and Recommendation of the Magistrate Judge, (ECF No. 51), is
APPROVED AND ADOPTED as the opinion of the Court. Defendant Fox’s

Motion for Summary Judgment, (ECF No. 41), is GRANTED, and Plaintiff
Thomas’s Motion for Summary Judgment, (ECF No. 39), is DENIED.
2.

Plaintiff’s claim against Defendant Fox is DISMISSED WITH PREJUDICE.

3.

For the same reasons that the Court dismisses this action, the Court discerns no
good-faith basis for an appeal within the meaning of 28 U.S.C. § 1915(a)(3). See
McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997).

4.

This matter is TERMINATED.

IT IS SO ORDERED.

Dated: June 4, 2024

/s/ Robert J. Jonker
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE

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