Annabel v. Frost et al

Filing 35

ORDER DENYING PLAINTIFF'S 22 Motion to Amend/Correct. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANNABEL,
Plaintiff,

No. 14-10244

v.

District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

JACK FROST, ET AL.,
Defendants.
/
ORDER
On April 8, 2014, Plaintiff filed a motion for leave to filed amended complaint
[Doc. #17], which the Court granted on June 23, 2014 [Doc. #27]. Before the Court at this
time is Plaintiff’s second motion to amend/correct his complaint [Doc. #22].
In the second motion, Plaintiff brings claims against Defendants Eaton, Campbell,
and Hemry, based on their denial or rejection of administrative grievances. However, the
Sixth Circuit has held that liability may not be imposed simply because a defendant
reviewed or denied a grievance. Shehee v. Lutrell, 199 F.3d 295, 300 (6th Cir.
1999)((holding that prisoner's claims against defendants whose only involvement was the
denial of administrative remedies failed as a matter of law); see also Martin v. Harvey, 14
Fed.App’x. 307, *2 (6th Cir. 2001)(denial of a prisoner’s grievance does not give rise to §
1983 liability); Alder v. Corr. Med. Servs., 73 Fed.App'x 839, 841 (6th Cir.2003)(“The
mere denial of a prisoner's grievance states no claim of constitutional dimension.”).
When a proposed amended complaint would not survive a motion to dismiss, the
court may properly deny the amendment as futile. Neighborhood Development Corp. v.
Advisory Council on Historic Preservation, 632 F.2d 21, 23 (6th Cir. 1980); Thiokol
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Corporation v. Department of Treasury, 987 F.2d 376 (6th Cir. 1993). Plaintiff’s
proposed amended supplemental complaint would be futile.
Therefore, Plaintiff’s Motion for Leave to File Amended Supplemental Complaint
[Doc. #22] is DENIED.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: October 20, 2014

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on October 20, 2014, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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