Richards v. McKee et al

Filing 28

ORDER Adopting Report and Recommendation for Denying 16 Motion for Preliminary Injunction filed by Kyle Richards re 18 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kyle B. Richards,
Plaintiff,
v.

Case No. 12-14148

Ken McKee, et al.,

Honorable Sean F. Cox

Defendants.
_________________________________/
ORDER
ADOPTING FEBRUARY 25, 2013 REPORT AND RECOMMENDATION
AND DENYING MOTION FOR PRELIMINARY INJUNCTIVE RELIEF
Proceeding pro se, Plaintiff Kyle B. Richards, a Michigan state prisoner, brought this
lawsuit against 50 defendants asserting claims under 42 U.S.C. § 1983 and state law.
On January 25, 2013, this matter was referred to Magistrate Judge Laurie J. Michelson
for all pretrial proceedings, including hearing and determination of all non-dispositive matters
pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive
matters pursuant to 28 U.S.C. § 636(b)(1)(B).
On February 25, 2013, Magistrate Judge Michelson issued a “(1) Report and
Recommendation To Deny Plaintiff’s Motion For Preliminary Injunction [16] And (2) Order
Denying Plaintiff’s Motion For Immediate Service And Request For Evidentiary Hearings [7]”.
(Docket Entry No. 18). In the Report and Recommendation (“R&R”), Magistrate Judge
Michelson recommends that the Court deny Plaintiff’s motion for a preliminary injunction to
excuse him from exhausting his grievance. (R&R at 6). In making that recommendation,

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Magistrate Judge Michelson concluded that, among other things,1 “Plaintiff’s allegations are not
sufficient at this early stage of the proceedings to constitute a substantial showing that he will
successfully establish that he should be excused from exhausting his administrative remedies.”
(R&R at 9-10).
On March 12, 2013, Plaintiff filed an “Objection and Request for Review.” (Docket
Entry No. 22). Plaintiff objects to the magistrate judge’s conclusions regarding exhaustion of
administrative remedies.
Having considered Plaintiff’s objections, the Court finds them without merit. The Court
therefore OVERRULES Plaintiff’s objections.
The Court hereby ADOPTS Magistrate Judge Michelson’s February 25, 2013 R&R. The
Court therefore ORDERS that Plaintiff’s motion seeking preliminary injunctive relief is
DENIED.
IT IS SO ORDERED.

Dated: March 20, 2013

S/ Sean F. Cox
Sean F. Cox
U. S. District Court Judge

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Magistrate Judge Michelson also concluded that Plaintiff’s request was premature.
(R&R at 6).
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kyle B. Richards,
Plaintiff,
v.

Case No. 12-14148

Ken McKee, et al.,

Honorable Sean F. Cox

Defendants.
_________________________________/
PROOF OF SERVICE
I hereby certify that on March 20, 2013, the foregoing document was served upon
counsel of record by electronic means and upon Kyle B. Richards by First Class Mail at the
address below:
Kyle Richards
641715
Bellamy Creek Correctional Facility
1727 West Bluewater Highway
Ionia, MI 48846
Dated: March 20, 2013

S/ J. McCoy
Case Manager

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