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Routine Enforcement Amended Final

Jerome Edwin Montgomery #204158 v. Margaret Ouellette

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Summary

The United States District Court for the Western District of Michigan granted summary judgment in favor of defendant Margaret Ouellette in a prisoner civil rights action under 42 U.S.C. § 1983. The court adopted the Magistrate Judge's Report and Recommendation issued January 29, 2026, after no objections were filed by either party. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. Case No. 1:23-cv-523.

“IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 47) is APPROVED and ADOPTED as the Opinion of the Court.”

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The court approved and adopted the Magistrate Judge's Report and Recommendation (ECF No. 47) and granted the Motion for Summary Judgment (ECF No. 45) filed by defendant Margaret Ouellette. No objections were filed to the Report and Recommendation, which was served on all parties on January 29, 2026. The court further certified pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. A judgment consistent with this Order will be entered.

For affected parties, this ruling concludes the federal civil rights litigation at the district court level with judgment entered for the defendant. The plaintiff Jerome Edwin Montgomery, a prisoner, has been denied summary judgment and faces certification that any appeal would not be taken in good faith, which limits his ability to proceed in forma pauperis on appeal.

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Apr 24, 2026

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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note

Jerome Edwin Montgomery #204158 v. Margaret Ouellette

District Court, W.D. Michigan

Trial Court Document

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JEROME EDWIN MONTGOMERY #204158,

Plaintiff,
Case No. 1:23-cv-523
v.
HONORABLE PAUL L. MALONEY
MARGARET OUELLETTE,

Defendant.
________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. Defendant filed a
motion for summary judgment. The matter was referred to the Magistrate Judge, who issued a
Report and Recommendation on January 29, 2026, recommending that this Court grant the motion
and enter judgment in favor of Defendant. 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. 47) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 45) is
GRANTED.
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: February 27, 2026 /s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

Named provisions

42 U.S.C. § 1983 28 U.S.C. § 636(b)(1) 28 U.S.C. § 1915(a)(3)

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Last updated

Classification

Agency
WDMI
Filed
February 27th, 2026
Instrument
Enforcement
Branch
Judicial
Legal weight
Binding
Stage
Final
Change scope
Minor
Docket
1:23-cv-00523

Who this affects

Applies to
Criminal defendants Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Civil rights litigation Prisoner civil rights claims Summary judgment proceedings
Geographic scope
United States US

Taxonomy

Primary area
Civil Rights
Operational domain
Legal
Topics
Judicial Administration

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