From Casetext: Smarter Legal Research

McKissack v. Van Buren Cnty. Sheriff's Dep't

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 11, 2020
File no: 1:18-CV-799 (W.D. Mich. Feb. 11, 2020)

Opinion

File no: 1:18-CV-799

02-11-2020

DEREK McKISSACK, Plaintiff, v. VAN BUREN COUNTY SHERIFF'S DEPARTMENT, et al., Defendants.


ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION

The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on January 7, 2020 (ECF No. 21). The Report and Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C. § 636(b)(1)(C).

ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 21) is approved and adopted as the opinion of the Court.

IT IS FURTHER ORDERED that Defendants DeLaRosa and Ampey's motion for summary judgment (ECF No. 17) is GRANTED as to Plaintiff's federal law claim brought under the Americans with Disabilities Act.

IT IS FURTHER ORDERED that the state law claims as to Defendants DeLaRosa and Ampey are DISMISSED pursuant to 28 U.S.C. § 1367.

IT IS FURTHER ORDERED that Defendant Unknown Party #2 is DISMISSED.

IT IS FURTHER ORDERED that this action is DISMISSED.

IT IS FURTHER ORDERED that inmate Dimas Garza is banned from representing pro se litigants in this Court and that any complaint, "power of attorney" or other paper filed in this Court, which purports to appoint Dimas Garza as an "attorney in fact" or authorizes Garza to act for a pro se plaintiff, shall be dismissed without prejudice as filed contrary to 28 U.S.C. § 1654.

The Court discerns no good-faith basis for appeal of this matter. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997); 28 U.S.C. § 1915(a)(3). Date: February 11, 2020

/s/ Robert J. Jonker

ROBERT J. JONKER

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

McKissack v. Van Buren Cnty. Sheriff's Dep't

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Feb 11, 2020
File no: 1:18-CV-799 (W.D. Mich. Feb. 11, 2020)
Case details for

McKissack v. Van Buren Cnty. Sheriff's Dep't

Case Details

Full title:DEREK McKISSACK, Plaintiff, v. VAN BUREN COUNTY SHERIFF'S DEPARTMENT, et…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Feb 11, 2020

Citations

File no: 1:18-CV-799 (W.D. Mich. Feb. 11, 2020)

Citing Cases

Jefferson v. Core Civic

(Doc. No. 7 at 2 (citing 28 U.S.C. § 1654 and McKissack v. Van Buren Cnty. Sheriff's Dep't, No. 1:18-CV-799,…