Opinion
1:22-cv-456
11-28-2022
GUY JARRETT, Plaintiff, v. LARRY GREENE, et al., Defendants.
ENTRY AND ORDER ADOPTING ORDER AND REPORT AND RECOMMENDATIONS (DOC. 5)
MATTHEW W. MCFARLAND JUDGE
The Court has reviewed the Order and Report and Recommendations of United States Magistrate Judge Stephanie K. Bowman (Doc. 5), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendations in its entirety. Accordingly, the Court ORDERS the following:
1. The claims in Plaintiffs Complaint (Doc. 1), other than Plaintiffs Fourteenth Amendment substantive due process claim against Defendant Leasure in her individual capacity, are DISMISSED pursuant to 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted and because the claims seek monetary relief from a defendant who is immune from such relief. This includes Plaintiffs official capacity claims for damages, his remaining claims against Defendant Leasure (as discussed in Section III.B of the Order and Report and Recommendation), and all the claims against Defendants Barney, Williams, Green, Hupka, and Oppy.
2. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that, for the reasons discussed within the Order and Report and Recommendations (Doc. 5), an appeal of this Order would not be taken in good faith. Therefore, Plaintiff is DENIED leave to appeal in forma pauperis. See McGore v. Wriggleworth, 11 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.