Young v. Jindal

Filing 88

ORDER Accepting and Adopting 81 Report and Recommendation and Granting Korte's and Gilbert's 66 Motion to Dismiss Signed by District Judge Gershwin A. Drain. (TMcg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARDRA YOUNG, #260575,
Plaintiff,
Case No.: 21-12170
Hon. Gershwin A. Drain

v.
ROSILYN JINDAL, et al.,
Defendants.
___________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [#81] AND GRANTING DEFENDANTS KORTE’S
AND GILBERT’S MOTION TO DISMISS [#66]
Plaintiff filed the instant 42 U.S.C. § 1983 action alleging that while housed
at the Gus Harrison Correctional Facility (GHC), Defendants Michigan
Department of Corrections employees violated his First and Eighth Amendment
rights by depriving him of adequate medical care for his hearing condition.
Plaintiff further alleges this inadequate medical care ultimately caused his
condition to deteriorate and resulted in hearing loss.
On August 21, 2023, Magistrate Judge Anthony P. Patti issued a Report and
Recommendation recommending that the Court grant Defendants Kimberly
Korte’s and Michelle Gilbert’s Motion to Dismiss, concluding Plaintiff’s Amended
Complaint fails to allege any specific allegations that Korte, as the Health Unit

Manager at GHC, or Gilbert, GHC’s Nursing Supervisor, either encouraged the
specific unconstitutional misconduct or in some other way directly participated in
it. Rather, Plaintiff merely alleges that Korte and Gilbert abandoned their
affirmative duty to ensure the Health Care Clinic was fully operational with respect
to providing medically necessary auxiliary aids to hard of hearing prisoners.
Plaintiff’s failure to set forth specific facts of Korte’s and Gilbert’s personal
involvement in the alleged misconduct requires that his Eighth Amendment
deliberate indifference claim be dismissed against them. See Peatross v. City of
Memphis, 818 F.3d 233, 241 (6th Cir. 2016)(“[A] supervisor cannot be held liable
simply because he or she was charged with overseeing a subordinate who violated
the constitutional rights of another.”).
Finally, because Plaintiff fails to allege a viable Eighth Amendment claim
against Defendants Korte and Gilbert, Magistrate Judge Patti recommended that
the Court need not consider their alternative exhaustion argument. The Court
agrees and herby accepts and adopts Magistrate Judge Anthony P. Patti’s August
21, 2023 Report and Recommendation as this Court’s factual findings and
conclusions of law.
On September 6, 2023, Plaintiff filed a Motion for Extension of Time to file
his objections to Magistrate Judge Patti’s Report and Recommendation.

On

September 8, 2023, this Court granted Plaintiff’s requested relief extending the

deadline for filing his objections to September 28, 2023. See ECF No. 84.
However, Plaintiff has failed to file any objections by the September 28, 2023
deadline. Neither party has filed objections to the Magistrate Judge’s Report and
Recommendation, and the time for filing objections has expired. See 28 U.S.C. §
636(b)(1)(C); see also ECF No. 84.
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the
correct conclusion. Therefore, the Court ACCEPTS and ADOPTS Magistrate
Judge Patti’s August 21, 2023 Report and Recommendation [#81] as this Court’s
findings of fact and conclusions of law. Defendants Korte’s and Gilbert’s Motion
to Dismiss [#66] is GRANTED.
SO ORDERED.
Dated: September 29, 2023

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and on Ardra Young,
#260575, Richard Handlon Correctional Facility, 1728 Bluewater Highway, Ionia,
MI 48846 on
September 29, 2023, by electronic and/or ordinary mail.
/s/ Teresa McGovern
Case Manager