Brown v. Voorhies et al

Filing 110

ORDER ADOPTING REPORT AND RECOMMENDATIONS that the Magistrate Judges R&R dated September 30, 2008 96 is hereby ADOPTED; Plaintiffs Application for Default Judgment 82 is DENIED; Plaintiffs Motion for Default Judgment 77 is DENIED; Plaintiffs Mo tion for Declaratory Judgment 83 is DENIED; the Magistrate Judges R&R dated September 30, 2008 103 is hereby ADOPTED; Plaintiffs Motion for Temporary Restraining Order 93 is DENIED; the Magistrate Judges R&R dated September 30, 2008 104 is AD OPTED; The Motion for Summary Judgment filed by M. Sevrey, Dr., Vonda Adkins, Aryayra Treadway, Edward Voorhies, J Diane Sand 49 is GRANTED; Plaintiffs Motion for Summary Judgment 55 is DENIED; With respect to any application by petitioner to pro ceed on appeal in forma pauperis, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith, and therefore the Court DENIES any application by petitioner to proceed on appeal in forma pa uperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). Petitioner remains free to apply to proceed in forma pauperis in the Court of Appeals; and this matter shall be CLOSED and TERMINATED from the docket of this Court. Signed by Judge Michael R. Barrett on 3/10/09. (mr1, ) (Additional attachment(s) added on 3/10/2009: # 1 Certified Mail Receipt) (mr1, ).