Loving 971900 v. Cummings ( 2024 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LARON LOVING #971900, Plaintiff, Case No. 2:22-cv-209 v. HONORABLE PAUL L. MALONEY TINA CUMMINGS, Defendant. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant filed a motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on August 28, 2024, recommending that this Court grant the motion and enter 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. 25) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 23) is GRANTED. IT IS FURTHER ORDERED that Plaintiff’s retaliation claim is DISMISSED WITHOUT PREJUDICE for failure to properly exhaust administrative remedies. 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: September 25, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge