Taylor v. JCF et al

Filing 21

ORDER Adopting 20 Report and Recommendation, granting 18 Motion for Summary Judgment, filed by JCF Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBBIE DESHAWN TAYLOR,
Case No. 20-cv-13436
Plaintiff,
v.

Paul D. Borman
United States District Judge

JCF WARDEN, and
JOHN DOE SHIFT COMMANDER,

Patricia T. Morris
United States Magistrate Judge

Defendants.
______________________________/
ORDER
(1) ADOPTING MAGISTRATE JUDGE PATRICIA T. MORRIS’S
OCTOBER 27, 2021 REPORT AND RECOMMENDATION (ECF NO. 20);
AND
(2) GRANTING DEFENDANT JCF WARDEN’S MOTION FOR
SUMMARY JUDGMENT ON THE BASIS OF EXHAUSTION (ECF NO. 18)
On October 27, 2021, Magistrate Judge Patricia T. Morris issued a Report and
Recommendation to grant Defendant JCF Warden’s Motion for Summary Judgment
on the Basis of Exhaustion. (ECF No. 20, Report and Recommendation.) Having
reviewed the Report and Recommendation, and there being no timely objections
from any party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court
ORDERS that:
(1) Magistrate Judge Morris’s October 27, 2021 Report and Recommendation
(ECF No. 20) is ADOPTED; and

(2) Defendant JCF Warden’s Motion for Summary Judgment (ECF No. 18)
is GRANTED WITH PREJUDICE, as Magistrate Judge Morris noted that Plaintiff
cannot timely file a grievance and properly exhaust his administrative remedies, and
Plaintiff failed to respond in opposition to Defendant’s Motion for Summary
Judgment as to Defendant JCF Warden and has not taken any issue with this
recommendation that the dismissal be with prejudice.
This Order does not resolve the claims against Defendant John Doe Shift
Commander and does not close this case.

IT IS SO ORDERED.
Dated: November 19, 2021

s/Paul D. Borman
Paul D. Borman
United States District Judge

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