Wicks #228039 v. Rubitschun et al

Filing 16

JUDGMENT ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 12 ; Plaintiff's claims against Defendants McQueary and Krick are DISMISSED WITH PREJUDICE and judgment is hereby entered against Plaintiff and in favor of Defendants McQ ueary and Krick. Plaintiff's claims for monetary relief against Defendants Rubitschun, Quinlan, Braddock, DeBoer and Hardman are DISMISSED WITH PREJUDICE. Plaintiff's claims for declaratory relief against Defendants Rubitschun, Quinlan, Braddock, DeBoer and Hardman are DISMISSED WITHOUT PREJUDICE. The Court finds a good-faith basis for appeal exists within the meaning of 28 U.S.C. § 1915(a)(3). ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION

J E R A L D OSCAR WICKS, P l a in tif f , v. JOHN RUBITSCHUN et al., D e f e n d a n ts . _________________________________/ JU D G M E NT In accordance with the Opinion entered this date, I T IS ORDERED that Plaintiff's objections (docket ##13, 14) to the Report and R e c o m m e n d a tio n of the Magistrate Judge are GRANTED and the Report and R e c o m m e n d a tio n of the Magistrate Judge is REJECTED IN PART AND ACCEPTED IN PART. I T IS FURTHER ORDERED that Plaintiff's claims against Defendants McQueary a n d Krick are DISMISSED WITH PREJUDICE and judgment is hereby entered against P la in tif f and in favor of Defendants McQueary and Krick. I T IS FURTHER ORDERED that Plaintiff's claims for monetary relief against D e f en d a n ts Rubitschun, Quinlan, Braddock, DeBoer and Hardman are DISMISSED WITH P R E J U D IC E . F I L E NO. 2:08-CV-77 H O N . ROBERT HOLMES BELL

I T IS FURTHER ORDERED that Plaintiff's claims for declaratory relief against D e f en d a n ts Rubitschun, Quinlan, Braddock, DeBoer and Hardman are DISMISSED W I T H O U T PREJUDICE. I T IS FURTHER ORDERED that the Court finds a good-faith basis for appeal e x is ts within the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F .3 d 601, 611 (6th Cir. 1997).

Dated: July 6, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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