Conway v. Trummel

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ADOPTS in its entirety the Report and Recommendation (Doc. 75 ). The Court finds that Magistrate Judge Williamss recommendations are sound, particularly in light of the detailed analysis of exhaustion as to the lack of documentation from the IDOC facilities. As Magistrate Judge Williams noted, the burden of proof to demonstrate a failure to exhaust administrative remedies was on the Defendants. Based on this deficiency, the Defendants' motions are hereby DENIED. Claims still remain against Wexford Health Sources, Inc., Allen Brummel, Paul Lewis Shicker, and Christine Brown. Signed by Chief Judge Michael J. Reagan on 7/27/2018. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GREGORY CONWAY,
Plaintiff,
vs.
WEXFORD HEALTH SOURCES, INC.,
ALLEN BRUMMEL,
PAUL LEWIS SHICKER, and
CHRISTINE BROWN,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 17-cv-0110-MJR-SCW

MEMORANDUM AND ORDER
ADOPTING REPORT & RECOMMENDATION
REAGAN, Chief Judge:
On May 21, 2018, 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 (Docs 43, 56) and Defendant
Wexford’s Motion for Summary Judgment (Doc. 39). Following the hearing, Magistrate Judge
Williams prepared a Report and Recommendation (Doc. 75). Judge Williams recommends that
the undersigned District Judge deny the motions (Id.).

Upon issuance of the Report and

Recommendation, Magistrate Judge Williams informed the parties that they had 14 days to
object to his recommendations. (Id. at 13). The 14-day deadline—June 11, 2018—came and went
without any objections being filed.
Accordingly, the Court ADOPTS in its entirety the Report and Recommendation (Doc.
75). The Court finds that Magistrate Judge Williams’s recommendations are sound, particularly

1|Page

in light of the detailed analysis of exhaustion as to the lack of documentation from the IDOC
facilities. As Magistrate Judge Williams noted, the burden of proof to demonstrate a failure to
exhaust administrative remedies was on the Defendants.

Based on this deficiency, the

Defendants’ motions are hereby DENIED. Claims still remain against Wexford Health Sources,
Inc., Allen Brummel, Paul Lewis Shicker, and Christine Brown.
IT IS SO ORDERED.
DATED: July 27, 2018

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

2|Page