Lewis #256207 v. Aaron et al
ORDER ADOPTING REPORT AND RECOMMENDATION 47 ; granting motion for summary judgment 45 ; the Court discerns no good-faith basis for an appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
Case No.: 2:16-cv-57
HONORABLE PAUL L. MALONEY
DAVID AARON, et al.,
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Timothy P. Greeley in this action (ECF No. 47). The Report and Recommendation was duly
served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the
THEREFORE, IT IS ORDERED that Defendants' motion for summary judgment (ECF
No. 45) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's complaint is DISMISSED WITH PREJUDICE
in its entirety. This action is terminated.
The Court must next decide whether an appeal of this action would be in good faith within
the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir.
1997). For the same reasons that the Court dismisses the action, the Court discerns no good-faith
basis for an appeal. Should Plaintiff appeal this decision, the Court will assess the $505 appellate
filing fee pursuant to § 1915(b)(1), see McGore, 114 F.3d at 610-611, unless Plaintiff is barred from
proceeding in forma pauperis, e.g., by the “three-strikes” rule of § 1915(g). If he is barred, he will
be required to pay the $505 appellate filing fee in one lump sum.
Dated: June 20, 2017
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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