Muhammad #242898 v. King et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EL AMIN MUHAMMAD,
Plaintiff,
v.
CHRIS KING, et al.,
Defendants.
___________________________________/
Case No. 1:23-cv-1306
Hon. Hala Y. Jarbou
ORDER
On October 15, 2025, Magistrate Judge Phillip J. Green issued a Report and
Recommendation (R&R) that Defendants’ motion for summary judgment (ECF No. 34) be
granted. (ECF No. 36.) The R&R was duly served on the parties. No objections have been filed,
and the deadline for doing so has expired. On review, the Court concludes that the R&R correctly
analyzes the merits of Plaintiff’s claims and makes a sound recommendation. However, the Court
does not adopt the magistrate judge’s conclusion that Plaintiff’s failure to respond to the motion
for summary judgment is an alternate basis for granting the motion. See Miller v. Shore Fin. Servs.,
Inc., 141 F. App’x 417, 419 (6th Cir. 2005) (“When a non-moving party fails to respond . . . the
district court must, at a minimum, examine the moving party’s motion for summary judgment to
ensure that it has discharged its initial burden.”).
Accordingly,
IT IS ORDERED that the R&R (ECF No. 36) is APPROVED IN PART and
REJECTED IN PART. The court approves the R&R except for the discussion of waiver on
pages 10–11 and the recommendation that the Court certify that an appeal would not be taken in
good faith.
Case 1:23-cv-01306-HYJ-PJG ECF No. 37, PageID.<pageID> Filed 11/13/25 Page 1
of 2

2
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF
No. 34) is GRANTED.
IT IS FURTHER ORDERED that the Court declines to certify that an appeal of this
action would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
A judgment will issue in accordance with this Order.
Dated: November 13, 2025 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
Case 1:23-cv-01306-HYJ-PJG ECF No. 37, PageID.<pageID> Filed 11/13/25 Page 2
of 2