Juide v. Michigan Department of Corrections et al

Filing 41

ORDER Adopting 29 Report and Recommendation for Granting 20 Motion to Dismiss filed by The Kone Company, and Denying 22 Motion for Summary Judgment, filed by J. Tanner, R. White, Paul D. Klee, Michigan Department of Corrections, Willie Chapman, D. Martin, R. Donaghy. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Mack Juide,
Plaintiff,
v.

Case No. 16-13806

Michigan Department of Corrections,
et al.,

Sean F. Cox
United States District Court Judge

Defendants.
______________________________/
ORDER ADOPTING
5/31/17 REPORT AND RECOMMENDATION
Acting pro se, Plaintiff Mack Juide filed this action against nine different Defendants.
The matter was referred to Magistrate Judge Anthony Patti for all pretrial proceedings.
On May 31, 2017, Magistrate Judge Patti issued a Report and Recommendation (“R&R”)
(Docket Entry No. 29) wherein he recommends that the Court: 1) grant Defendant Kone Inc.’s
Motion to Dismiss (Docket Entry No. 20); and 2) deny the State Defendants’ Motion for
Summary Judgment (Docket Entry No. 22).
The time for filing objections to the R&R has expired and the docket reflects that: 1) the
State Defendants filed objections to the R&R on June 14, 2017; and 2) neither Plaintiff nor
Defendant Kone filed any objections to the R&R.
The State Defendants object to the magistrate judge’s conclusion that an issue of material
fact exists as to whether Plaintiff exhausted his administrative remedies as to his claim against
them.

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The R&R correctly notes that the State Defendants bear the burden of proving the
affirmative defense of exhaustion of administrative remedies. The magistrate judge ultimately
concluded that, based upon the limited evidence presented to the Court in connection with the
motion, the State Defendants failed to establish that they are entitled to summary judgment.
Having reviewed the R&R and the State Defendants’ objections to it, this Court concurs with the
magistrate judge’s conclusion that the State Defendants have not established that they are
entitled to summary judgment.
Accordingly, the Court hereby ADOPTS the May 31, 2017 R&R and ORDERS that: 1)
Defendant Kone, Inc.’s Motion to Dismiss is GRANTED and all claims against it are
DISMISSED; and 2) the State Defendants’ Motion for Summary Judgment is DENIED.
IT IS SO ORDERED.

Dated: September 12, 2017

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

I hereby certify that on September 12, 2017, the foregoing document was served on counsel of
record via electronic means and upon Mack Juide via First Class mail at the address below:
MACK JUIDE 441625
OAKS CORRECTIONAL FACILITY
1500 CABERFAE HIGHWAY
MANISTEE, MI 49660

s/J. McCoy
Case Manager

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