Opinion
Case No. 1:16-cv-1020
05-17-2018
DAMON JOHNSON, Plaintiff, v. HENDERSON, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 44)
This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on February 2, 2018, submitted a Report and Recommendations. (Doc. 44). No objections were filed.
In lieu of filing objections, Plaintiff filed an appeal of the Report and Recommendation to the Sixth Circuit Court of Appeals. (Doc. 45). That appeal was dismissed on April 9, 2018. In dismissing the appeal, the Sixth Circuit panel reviewing the case held that "[u]nless the magistrate judge is given plenary jurisdiction pursuant to 28 U.S.C. § 636(c)(1), any review of a magistrate judge's ruling lies with the district court judge." (Doc. 47, at 1). To date, Plaintiff has not filed any substantive objections to the Report and Recommendation before this Court. --------
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby adopted in its entirety. Accordingly, IT IS ORDERED as follows:
1) Plaintiff's motion for summary judgment (Doc. 20) is DENIED;
2) Defendant's motion for summary judgment (Doc. 31) is GRANTED;
3) The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis.
4) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED in this Court,
IT IS SO ORDERED. Date: 5/17/18
/s/_________
Timothy S. Black
United States District Judge