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)

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.

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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