Jefferson v. Hodge et al

Filing 69

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 64 in its entirety. The Court grants the motion for summary judgment filed by defendants Hodge, Densmore, Lingle and Kohn 37 . The Court denies the motion for summary judgment filed by plai ntiff Walter Jefferson 45 and dismisses without prejudice count 4 against defendants Densmore, Kohn, Lingle and Hodge (in his official capacity) to the extent it complains of unsanitary food trays, and directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 2/12/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WALTER JEFFERSON,
Plaintiff,
v.

Case No. 13-cv-106-JPG

MARC HODGE, ASSISTANT WARDEN
STORM, ERNEST SHELTON, GINA
ALLEN, AFSME, DIRECTOR GODINEZ
and DENSMORE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
64) of Magistrate Judge Donald G. Wilkerson recommending, after holding a hearing, that the
Court grant the motion for summary judgment filed by defendants Marc Hodge, Richard
Densmore, Byron Lingle and Jeremy Kohn (Doc. 37) for failure to exhaust administrative
remedies pursuant to 42 U.S.C. § 1997e(a) and deny the motion for summary judgment filed by
plaintiff Walter Jefferson (Doc. 45). Jefferson objects to the Report (Doc.68).
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
1999).
In the Report, Magistrate Judge Wilkerson reviews Jefferson’s numerous grievances and
concludes that none of them complain of unsanitary food trays, the issue in the remaining claim in

this case, or refer to any of the defendants. Magistrate Judge Wilkerson found that Jefferson’s
letters to the warden do not qualify as properly filed grievances. He further found that a grievance
Jefferson drafted after the hearing to approximate the grievance Jefferson claimed he filed about
the unsanitary food trays was not sufficient, in light of the content of the grievance and the other
evidence in the case, for a reasonable fact-finder to find such a grievance was actually filed.
Thus, Magistrate Judge Wilkerson concludes, Jefferson has not exhausted his administrative
remedies as required by 42 U.S.C. § 1997e(a). Jefferson objects generally to the Report.
The Court has reviewed the matter de novo and agrees with Magistrate Judge Wilkerson.
Jefferson did not exhaust the administrative remedies that were available to him by filing
complaints and appeals in the manner required by the Illinois Department of Corrections.
Accordingly, he has failed to exhaust his administrative remedies as required by 42 U.S.C.
§ 1997e(a), and the remaining claim in this case must be dismissed.
For these reasons, the Court:


ADOPTS the Report in its entirety (Doc. 64);



GRANTS the motion for summary judgment filed by defendants Hodge, Densmore,
Lingle and Kohn (Doc. 37);



DENIES the motion for summary judgment filed by plaintiff Walter Jefferson (Doc. 45);



DISMISSES without prejudice Count 4 against defendants Densmore, Kohn, Lingle and
Hodge (in his official capacity) to the extent it complains of unsanitary food trays; and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: February 12, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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