Sanford #173719 v. Heyns et al

Filing 24

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 23 , and granting Defendants' motion for summary judgment 14 ; Dismissing plaintiff's complaint 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 JAMES FREDRICK SANFORD, Plaintiff, v. Case No. 2:12-CV-426 HON. ROBERT HOLMES BELL DANIEL H. HEYNS, et al., Defendants. ____________________________________/ ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On January 28, 2014, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation (“R&R”) (Dkt. No. 23) recommending that Defendants’ motion for summary judgment (Dkt. No. 14) be granted because Plaintiff failed to exhaust available administrative remedies. 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 Magistrate Judge’s January 28, 2014, R&R (Dkt. No. 23) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (Dkt. No. 14) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED in its entirety. IT IS FURTHER CERTIFIED pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3) that an appeal of this action would not be in good faith. Dated: February 19, 2014 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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