Citation Codes Equivalent Citations citation codes Docket Number File No. 1:09-cv-130-jgm-jmc. Motions Motion to compel : Denied Motion for summary judgment : Granted Judges John Garvan Murtha Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. THURMOND McMICHAEL, Plaintiff v. ANDREW PALLITO, ROBERT KUPEC, JAY SIMONS, PHIL FERNANDEZ, STAN MORSE, DAVID BULEY, STEPHEN McCARTHY and BARBARA LESTER, Defendants. ORDER J. Garvan Murtha, United States District Judge. The Magistrate Judge's Report and Recommendation was filed October 24, 2011. (Doc. 93.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' Motion for Summary Judgment (Doc. 83) is GRANTED. To the extent Plaintiff's opposition memorandum (Doc. 87) is an opposing motion, it is DENIED, and this case is DISMISSED. Plaintiff's motion to compel (Doc. 84) is DENIED as moot. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a)(3). SO ORDERED.