Tullis v. Shaw et al

Filing 126

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS in its entirety the Report and Recommendation (Doc. 122 ). The Court finds that Magistrate Judge Williams's recommendations are sound, particularly in light of the detailed anal ysis of exhaustion as to each individual defendant. All claims against Defendants Seip and Martin are DISMISSED with prejudice for failure to exhaust administrative remedies regarding the contents of those claims (Docs. 95 , 96 ). By contrast, Defendants Brown, Funk, and Shaw shall remain parties to this litigation and the case shall proceed as to those Defendants (Docs. 93 , 95 , 96 ). Signed by Chief Judge Michael J. Reagan on 10/27/2017. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PATRICK TULLIS,
Plaintiff,
vs.
DR. VIPIN K. SHAW,
ALLAN E. MARTIN,
KENDRA SEIP,
CHRISTINA BROWN,
DR. ART FUNK,
Defendants.

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Case No. 14-cv-0070-MJR-SCW

MEMORANDUM AND ORDER
ADOPTING REPORT & RECOMMENDATION
REAGAN, Chief Judge:
On September 11, 2017, the parties appeared before the Honorable Stephen C. Williams,
United States Magistrate Judge, for an evidentiary hearing on Defendants’ Motion for Summary
Judgment on the Issue of Exhaustion of Administrative Remedies (Doc. 93, 95, 96). Following
the hearing, Magistrate Judge Williams prepared a Report and Recommendation (Doc. 122).
Judge Williams recommends that the undersigned District Judge grant in part the Defendants’
Motion and deny in part the Motion (Doc. 122).

Essentially, Magistrate Judge Williams

recommends that the Motion for Summary Judgment be granted as to Defendants Seip and
Martin (Id. at 30) (Docs. 95 and 96). By contrast, he recommends denying the motion as
Defendants Brown, Funk, and Shaw (Id. at 30) (Doc. 93). Upon issuance of the Report and
Recommendation, Magistrate Judge Williams informed the parties that they had 14 days to

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object to his recommendations. (Id. at 31). The 14-day deadline—October 2, 2017—came and
went without any objections being filed.
Accordingly, the Court ADOPTS in its entirety the Report and Recommendation (Doc.
122).

The Court finds that Magistrate Judge Williams’s recommendations are sound,

particularly in light of the detailed analysis of exhaustion as to each individual defendant. All
claims against Defendants Seip and Martin are DISMISSED with prejudice for failure to
exhaust administrative remedies regarding the contents of those claims (Docs. 95, 96). By
contrast, Defendants Brown, Funk, and Shaw shall remain parties to this litigation and the case
shall proceed as to those Defendants (Docs. 93, 95, 96).
IT IS SO ORDERED.
DATED: October 27, 2017

s/ Michael J. Reagan
Michael J. Reagan
United States District Judge

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