Summary
denying injunctive relief where plaintiff failed to exhaust administrative remedies and the relief requested was an affirmative order to correct constitutional deficiencies yet to be proven that was beyond the scope of injunctive relief
Summary of this case from Dearing v. MahalmaOpinion
C-1-08-115.
July 2, 2009
ORDER
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 54) to which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge (doc. no. 54) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant's Motion for Summary Judgment (doc. no. 24) is GRANTED; plaintiff's Motion for Protective Order/Motion for Separation Order (doc. no. 7) is DENIED; plaintiff's Complaint is DISMISSED.
For all of the above reasons, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith. See, McGore v. Wrigglesworth , 114 F.3d 601 (6th Cir. 1997). This case is DISMISSED AND TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Exhibit