Payette #292063 v. Briggs

Filing 20

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 19 , and granting Defendant's motion for summary judgment 12 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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Payette #292063 v. Briggs Doc. 20 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION MICHAEL PAYETTE, Plaintiff, File No: 2:09-cv-279 v. HON. ROBERT HOLMES BELL JEFFREY BRIGGS, Defendant. / MEMORANDUM OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Michael Payette filed this civil rights action against Defendant Jeffrey Briggs pursuant to 42 U.S.C. 1983. On February 11, 2011, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation ("R&R"), (Dkt. No. 19), recommending that Defendant's motion for summary judgment (Dkt. No. 12) be granted and that this Court find no good-faith basis for an appeal. The R&R was duly served on the parties, no objections have been filed, and the deadline for doing so has expired. The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS HEREBY ORDERED that the February 11, 2011, R&R of the Magistrate Judge (Dkt. No. 19) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendant's motion for summary judgment (Dkt. No. 12) is GRANTED. IT IS FURTHER CERTIFIED pursuant to 28 U.S.C. 1915(a)(3) that an appeal of this action would not be in good faith. Dated: March 1, 2011 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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