Parker #593090 v. Horton et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATION 70 ; denying 57 and 60 ; Granting in part 53 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
BRUCE PARKER,
Plaintiff,
Case No. 2:18-cv-80
v.
HONORABLE PAUL L. MALONEY
CONNIE HORTON, et al.,
Defendants.

____________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed
a motion for summary judgment (ECF No. 53). Plaintiff filed a motion to strike (ECF No. 57) and
a motion for declaratory judgment (ECF No. 60). The matter was referred to the Magistrate Judge,
who issued a Report and Recommendation on July 25, 2019, recommending that this Court (1)
grant the motion for summary judgment in part, (2) deny Plaintiff’s motion to strike, and (3) deny
Plaintiff’s motion for declaratory judgment. 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. 70) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s motion to strike (ECF No. 57) and motion
for declaratory judgment (ECF No. 60) are DENIED.

IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 53) is
GRANTED IN PART AND DENIED IN PART as outlined in the Report and Recommendation.
All of Plaintiff’s claims against Defendant Eicher are DISMISSED.
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).

Dated: August 27, 2019

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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