Doss #785510 v. Mackie et al
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 81 ; granting motions for summary judgment 67 , 73 ; certifying that an appeal of this decision would not be taken in good faith; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
Case No. 2:16-cv-135
HON. JANET T. NEFF
THOMAS MACKIE, et al.,
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Chung
Oh filed motions for summary judgment. The matters were referred to the Magistrate Judge, who
issued a Report and Recommendation on November 7, 2017, recommending that the Court grant
Defendant Oh’s motion for summary judgment (ECF No. 67) due to Plaintiff’s failure to exhaust
his grievance remedies and dismiss this case without prejudice or, alternatively, that the Court
grant Defendant Oh’s motion for summary judgment (ECF No. 73) because Plaintiff cannot show
that Defendant Oh violated his rights and dismiss this case with prejudice and enter judgment in
favor of Defendants.1 The Report and Recommendation was duly served on the parties. No
objections have been filed. See 28 U.S.C. § 636(b)(1). The recommendation that summary
judgment be granted dismissing the case on the merits is adopted and the case is dismissed with
Plaintiff was put on notice on October 6, 2016 that the Court would not serve the twelve unknown parties (ECF No.
17 at PageID.92) and Plaintiff did not thereafter amend his complaint to include the names of those individuals or
otherwise identify them for service.
prejudice. Alternatively, the case is dismissed without prejudice due to Plaintiff’s failure to
exhaust his administrative remedies. Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 81) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motions for Summary Judgment (ECF Nos. 67,
73) are GRANTED.
IT IS FURTHER ORDERED that 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, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199,
206, 211-12 (2007).
A Judgment will be entered consistent with this Order.
Dated: December 5, 2017
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
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