Cook v. Gilbert et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 ; granting motion to dismiss 9 ; denying motion for summary judgment 11 ; 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 ROBERT LEE COOK, Plaintiff, Case No. 1:23-cv-889 v. HONORABLE PAUL L. MALONEY DAVID E GILBERT, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff initiated this lawsuit by filing a complaint on August 21, 2023. Defendants filed a motion to dismiss and Plaintiff filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on June 11, 2024, recommending that this Court grant Defendants’ motion, deny Plaintiff’s motion, and enter 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. 12) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss (ECF No. 9) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No. 11) is DENIED. IT IS FURTHER ORDERED for the same reasons the Court concludes that Plaintiff’s claims are properly dismissed, the Court also concludes that any issue Plaintiff might raise on appeal would be frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, the Court certifies that an appeal would not be taken in good faith. A Judgment will be entered consistent with this Order. Dated: July 8, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge 2

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