Autman #153558 v. Durant et al

Filing 43

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 42 and granting defendants' motions for summary judgment [38 & 23]; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF MICHIGAN NORTHERN DIVISION

BYRON AUTMAN, Plaintiff, File no: 2:08-CV-87 v. HON. ROBERT HOLMES BELL DAN DURANT, et al., Defendants. / ORDER APPROVING MAGISTRATE'S R E P O R T AND RECOMMENDATION T h e Court has reviewed the Report and Recommendation filed by the United States M a g i str a te in this action. The Report and Recommendation was duly served on the parties. N o objections have been filed. A C C O R D IN G L Y , the Report and Recommendation (docket #42) is hereby adopted a n d approved as the opinion of the Court. T H E R E F O R E , IT IS ORDERED that Defendants' Motions for Summary Judgment (d o c k e t ##23 and 38) are hereby GRANTED. I T IS FURTHER ORDERED that Defendant Rich Miller is DISMISSED for lack of s e rv ic e . IT IS FURTHER ORDERED that the Court finds no good-faith basis for appeal w ith in the meaning of 28 U.SC. §1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 6 1 1 (6 th Cir. 1997). D a ted : March 11, 2010 /s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE