Opinion
Case No. 17-10140
04-28-2020
JONATHAN GOOD, Plaintiff, v. WENDI WALWORTH, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#74] , GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [#56] AND DISMISSING ACTION
I. BACKGROUND
Before the Court is the Plaintiff Jonathan Good's 42 U.S.C. § 1983 action alleging First Amendment retaliation against Defendants Wendi Walworth, Barbara Finch, Dujuna VanDecasteele, Kelly Barnett, Julius Mayfield and Jeremy Bugbee, who are all employed by the Michigan Department of Corrections ("MDOC") in some capacity. The Court referred the instant matter to Executive Magistrate Judge R. Steven Whalen for all pretrial proceedings. See Dkt. No. 72.
The Court dismissed Defendant Barnett in a prior decision. --------
On March 30, 2020, Executive Magistrate Judge Whalen issued a Report and Recommendation recommending that this Court grant the Defendants' Motion for Summary Judgment because Plaintiff cannot establish that Defendants were motivated by retaliatory animus. The Court agrees that Plaintiff has not rebutted the Defendants' evidence that they would have taken the same actions without Plaintiff's protected activity. Moreover, Plaintiff failed to file any objections to the Report and Recommendation and the time for doing so has expired. See 28 U.S.C. § 636(b)(1) and E.D. Mich. L.R. 72.1(d)(2).
II. CONCLUSION
Accordingly, consistent with the analysis set forth in Executive Magistrate Judge R. Steven Whalen's March 30, 2020 Report and Recommendation, the Court hereby ACCEPTS and ADOPTS his March 30, 2020 Report and Recommendation [#74], and GRANTS Defendants' Motion for Summary Judgment [#56].
This cause of action is dismissed.
SO ORDERED. Dated: April 28, 2020
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE