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)

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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 2

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