Kirschke v. Schooley et al

Filing 53

AMENDED ORDER Regarding 44 Order Granting Defendants' Motion for Partial Summary Judgment in Part and Denying it in Part. Signed by District Judge Victoria A. Roberts. (LVer)

Case 2:20-cv-11118-VAR-EAS ECF No. 53, PageID.1222 Filed 08/09/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MOSES KIRSCHKE,
Plaintiff,
v.

Case No. 20-11118
Honorable Victoria A. Roberts

SCOTT SCHOOLEY, ET Al.,
Defendants.
______________________________/
AMENDED ORDER
In its Order Granting Defendants’ Motion for Partial Summary
Judgment in Part and Denying it in Part (ECF No. 44), the Court said:
Kirschke’s complaint contains nine claims. Defendants
filed one motion for partial summary judgment seeking
dismissal of eight of them for failure to exhaust: 1, 2, 3, 4,
5, 6, 7, and 8. Defendants concede that Kirschke
exhausted claim 9.
On claims 1, 2, and 5, Kirschke was required to seek
relief through the grievance process. He failed to do that.
The Court GRANTS summary judgment on claims 1, 2,
and 5.
(Id., PageID.1169)
The order should say:
Kirschke’s complaint contains nine claims. Defendants
filed one motion for partial summary judgment seeking
dismissal of eight of them for failure to exhaust: 1, 2, 3, 4,
1

Case 2:20-cv-11118-VAR-EAS ECF No. 53, PageID.1223 Filed 08/09/22 Page 2 of 2

5, 6, 7, and 8. Defendants concede that Kirschke
exhausted claim 9.
On claims 1, 2, 5, and 8, Kirschke was required to seek
relief through the grievance process. He failed to do that.
The Court GRANTS summary judgment on claims 1, 2,
5, and 8.
IT IS ORDERED.
s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 9, 2022

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