Cosgrove #758688 v. Burke et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION 28 re 24 : Defendants' Motion 24 for Summary Judgment is GRANTED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION CARY COSGROVE, Plaintiff, Case No. 2:16-CV-110 v. Hon. Gordon J. Quist JOHN BURKE, et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION The Court has reviewed Magistrate Judge Timothy Greeley’s February 3, 2017, Report and Recommendation recommending that the Court grant Defendants’ motion for summary judgment based on Plaintiff’s failure to exhaust, and dismiss Plaintiff’s claims against Defendants Burke, Pesola, and Dube without prejudice. The Report and Recommendation was duly served on the parties on February 3, 2017. No objections have been filed pursuant to 28 U.S.C. § 636(b). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed February 3, 2017 (ECF No. 28), is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No. 24) is GRANTED, and Plaintiff’s claims against Defendants Burke, Pesola, and Dube are DISMISSED WITHOUT PREJUDICE. This case is concluded. Dated: March 7, 2017 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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