White v. Saginaw County Jail

Filing 93

ORDER Adopting Report and Recommendation 84 and Granting Motion to Dismiss 30 filed by Saginaw County Jail. Signed by District Judge Arthur J Tarnow. (BSoc)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK WHITE, ET AL., Plaintiffs, v. SAGINAW COUNTY JAIL, Defendants. ______________________________/ ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [84], GRANTING DEFENDANT'S MOTION TO DISMISS [30], DISMISSING PLAINTIFF SPERRY'S AND KELLY'S COMPLAINTS, AND CLOSING THIS CASE Before the Court is the Magistrate Judge's Report and Recommendation [84] of August 24, 2010, which recommends that Defendant's Motion to Dismiss [30] be granted as to Plaintiff Sperry and Plaintiff Kelly.1 I. Standard of Review This Court reviews objections to a Magistrate Judge's Report and Recommendation de novo. See 28 U.S.C. § 636(b)(1)(C). II. Plaintiff Sperry Plaintiff Sperry has failed to file any objection to the Magistrate Judge's Report and Recommendation. The Court has reviewed the record in this matter and agrees with and adopts Magistrate Case No. 09-13470 HONORABLE ARTHUR J. TARNOW SENIOR UNITED STATES DISTRICT JUDGE HONORABLE MICHAEL HLUCHANIUK UNITED STATES MAGISTRATE JUDGE

This case was dismissed as to Plaintiff White as per the Court's August 5, 2010 order [83] adopting the Magistrate Judge's Report and Recommendation. 1

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Judge Hluchaniuk's proper recommendation that Plaintiff Sperry's claims be dismissed for failure to prosecute. III. Plaintiff Kelly Plaintiff Kelly filed an Objection [85] on September 3, 2010.2 Plaintiff Kelly raises only one objection in his filing.3 Kelly claims that he has written grievances when forms have been provided to him and has "complied with the administrative process to the extent that the jail made it available for him." However, as the Magistrate Judge found, Defendant offered evidence that Plaintiff failed to file any grievances pertaining to the allegations in the complaint. The Magistrate Judge properly concluded that Plaintiff cannot rely on "bare allegations" to support his claims, which leaves nothing in the record supporting Plaintiff's allegations. In his Objection, Plaintiff states that he asked "guards and Sargrant to file charges" against inmates regarding two incidents that occurred in 2007 and 2008 but he offers no details about the exact dates of those incidents, who the guards are that were specifically asked, and who "Sargrant" is. II. CONCLUSION The Court has reviewed the record and the parties' pleadings in this case, and being fully advised in the premises, IT IS ORDERED that the Report and Recommendation [84] of the Magistrate Judge is hereby adopted and is entered as the findings and conclusions of the Court. Plaintiff Kelly's

Kelly also submitted on September 20, 2010 a "Request For Filing of Additional Evidence" [90], which includes a letter Kelly alleges he sent to the ACLU. Objection No. 1" and "Objection No. 2" are statements about what the parties are arguing, not objections. 2
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Objection [85] is hereby DENIED. IT IS ORDERED that Defendant's Motion to Dismiss [30], as to Plaintiffs Sperry and Kelly, is GRANTED. The case is dismissed as to both Sperry and Kelly. As Plaintiff White's claims were previously dismissed, this order closes this case. SO ORDERED.

S/ARTHUR J. TARNOW Arthur J. Tarnow Senior United States District Judge Dated: September 28, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record and Christopher Sperry 686220 BELLAMY CREEK CORRECTIONAL FACILITY 1727 WEST BLUEWATER HIGHWAY IONIA, MI 48846 Roger Kelly 748808 SAGINAW CORRECTIONAL FACILITY 9625 PIERCE ROAD FREELAND, MI 48623 on September 28, 2010, by electronic and/or ordinary mail. S/LISA M. WARE Case Manager

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