Minier #184698 v. Bobay et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID FRED MINIER #184698,
Plaintiff,
v.
DRAKE BOBAY, et al.,
Defendants.
____________________________/
Case No. 1:25-cv-777
HONORABLE PAUL L. MALONEY
ORDER ADOPTING REPORT AND RECOMMENDATION
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant Bobay
filed a motion for summary judgment based on the affirmative defense of non-exhaustion. 	The
matter was referred to the Magistrate Judge, who issued a Report and Recommendation on
February 9, 2026, recommending that this Court grant the motion and terminate this action. The
Report and Recommendation was duly served on the parties. No objections have been filed. See
28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 29) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 19) is
GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s claim against Defendant Bobay is
DISMISSED WITHOUT PREJUDICE.
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IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth,
114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199,
206, 211-12 (2007).
A Judgment will be entered consistent with this Order.
Dated: March 11, 2026 	/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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