Colvin #192744 v. Prison Health Services et al

Filing 79

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 76 , and granting Defendants' motions for summary judgment 46 and 57 , and dismissing this case in its entirety ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION KENNETH COLVIN, Plaintiff, v. Case No. 2:12-cv-347 HON. ROBERT HOLMES BELL PRISON HEATH SERVICES, et al., Defendants. ____________________________________/ ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On January 28, 2014, Magistrate Judge Timothy Greeley issued a Report and Recommendation (“R&R”) (Dkt. No.76) recommending that Defendants’ motion for summary judgment be granted. 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. For the foregoing reasons, this Court adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. A Judgment will be entered consistent with this Opinion and Order. See Fed. R. Civ. P. 58. Because this action was filed in forma pauperis, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir.1997). Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge’s January 28, 2014, R&R (Dkt. No.76) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment is GRANTED. IT IS FURTHER CERTIFIED that an appeal of this decision would not be taken in good faith. Dated: February 21, 2014 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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