Pitts #633348 v. Barrett et al

Filing 77

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 75 ; granting motion for summary judgment 69 ; 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
NORTHERN DIVISION
RAYMOND DELANO PITTS,
Plaintiff,
Case No. 2:17-cv-12
v.
HON. JANET T. NEFF
STEVEN BUDA, et al.,
Defendants.

____________________________/
ORDER
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants Steven
Buda, Steven Lehto and Andrew Mettler filed a motion for summary judgment (ECF No. 69). The
matter was referred to the Magistrate Judge, who issued a Report and Recommendation on April
26, 2019, recommending that this Court grant the motion and dismiss this case with prejudice. The
Report and Recommendation was duly served on the parties. No objections have been filed. See
28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 75) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 69) is
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: June 10, 2019

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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