McIntosh v. Lindsey et al

Filing 49

ORDER ADOPTING Report & Recommendations (Doc. 45 ). Defendants' Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Doc. 29 ) is GRANTED IN PART AND DENIED IN PART. Defendant Price is DISMISSED without prejudice. Signed by Judge Staci M. Yandle on 5/25/2018. (bps)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MICHAEL MCINTOSH,
Plaintiff,
vs.
CHRISTOPHER LINDSEY, et al.,
Defendants.

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Case No. 16-CV-927-SMY-RJD

MEMORANDUM AND ORDER
Plaintiff Michael McIntosh filed an Amended Complaint, alleging that officials at
Menard Correctional Center failed to protect him from a known risk of assault by his cellmate,
and that related grievances were ignored or delayed on the basis of his race, in violation of the
Equal Protection Clause. (Doc. 9). This matter is now before the Court on the Report and
Recommendation (R&R) of United States Magistrate Judge Reona J. Daly (Doc. 45)
recommending that the Motion for Summary Judgment on the Issue of Exhaustion of
Administrative Remedies filed by Defendants Christopher Lindsey, Regina Price, and Tracy
Heiman (Doc. 25) be granted in part and denied in part. No objections to the R&R have been
filed. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2); SDIL-LR 73.1(b). For the following
reasons, the Report and Recommendation of Magistrate Judge Daly is ADOPTED in its entirety.
Where neither timely nor specific objections to the Report and Recommendation are
made, this Court need not conduct a de novo review of the Report and Recommendation. See
Thomas v. Arn, 474 U.S. 140 (1985). Instead, the Court should review the Report and
Recommendation for clear error. Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir.
1999). A judge may then “accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Daly thoroughly discussed and supported her conclusion that Defendants
Lindsey and Heiman had not met their burden on summary judgment, as there remains a genuine
issue of material fact as to whether Plaintiff’s April 20, 2016 grievance (pertaining to Lindsey
and Heiman’s conduct) was properly filed with Menard staff.

Similarly, Judge Daly’s

conclusion that no grievance had been filed with regard to Defendant Price’s alleged conduct is
fully discussed and supported. The Court agrees with Judge Daly’s findings, analysis and
conclusions and ADOPTS her Report and Recommendation in full. Defendants’ Motion for
Summary Judgment based on Plaintiff’s Failure to Exhaust Administrative Remedies (Doc. 29)
is GRANTED IN PART and DENIED IN PART. Defendant Regina Price is DISMISSED
without prejudice.
IT IS SO ORDERED.
DATED: May 25, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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