Chrzan 799498 v. Mackay ( 2020 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TYLER CHRZAN, Plaintiff, Case No. 1:19-cv-116 v. HON. JANET T. NEFF T. MACKAY, et al., Defendants. ____________________________/ ORDER This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants filed a Motion for Summary Judgment (ECF No. 32). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on November 30, 2020, recommending that this Court grant the motion; dismiss Defendant Hoffman from the case without prejudice; dismiss Plaintiff’s claim against Defendant Mackay with prejudice; and terminate the case. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly: IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 35) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 32) is GRANTED. Defendant Hoffman is dismissed from the case without prejudice. Plaintiff’s claim against Defendant Mackay is dismissed with prejudice. 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 because Plaintiff failed to file any objections. 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 30, 2020 /s/ Janet T. Neff JANET T. NEFF United States District Judge