Anderson v. Borgerding et al

Filing 47

ORDER accepting 46 Report and Recommendation (Denying 10 Motion, 25 Motion, 40 Motion to Stay, and Granting 33 Motion to Dismiss, 23 Motion to Dismiss, 45 Motion to Dismiss, 22 Motion to Dismiss.) Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JERRY ANDERSON,
Plaintiff,
Case No. 17-CV-12854
vs.
HON. GEORGE CARAM STEEH
WILLIAM BORGERDING, et al.,
Defendants.
_____________________________/
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 46]
Plaintiff Jerry Anderson is currently incarcerated by the Michigan
Department of Corrections (MDOC) and filed this pro se civil rights action
on August 28, 2017. Plaintiff alleges violations of his Eighth and
Fourteenth Amendment rights arising from a transfer of his MDOC housing
as well as the health care he has received from MDOC. The case is
before the court on defendants’ four motions to dismiss [ECF Docs. 22, 23,
33, 45] as well as three motions filed by plaintiff [ECF Docs. 10, 25, 40].
The motions were referred to Magistrate Judge Majzoub, who issued a
Report and Recommendation recommending that defendants’ motions to
dismiss be granted due to plaintiff’s failure to exhaust his administrative
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remedies and denied with regard to their requests for costs and attorney
fees. The Report and Recommendation further recommends that
plaintiff’s motions be denied as moot and his complaint be dismissed
without prejudice.
The court has reviewed the file, record, and magistrate judge's report
and recommendation. Objections to that report have not been filed by
plaintiff within the established time period. The court agrees with the
analysis conducted by the Magistrate Judge, and therefore accepts her
recommendation in its entirety. Accordingly,
IT IS HEREBY ORDERED that defendants’ motions to dismiss are
GRANTED and their requests for costs and attorney fees are DENIED.
IT IS HEREBY FURTHER ORDERED that plaintiff’s action is
DISMISSED without prejudice for failure to exhaust his administrative
remedies.
Dated: July 25, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 25, 2018, by electronic and/or ordinary mail and also on
Jerry Anderson #160598, Lakeland Correctional Facility,
141 First Street, Coldwater, MI 49036.
s/Marcia Beauchemin
Deputy Clerk

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