Walker v. Greiner et al

Filing 113

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 94 , GRANTING MOTION TO DISMISS OR FOR SUMMARY JUDGMENT 60 , GRANTING MOTION TO DISMISS OR FOR SUMMARY JUDGMENT 81 , GRANTING MOTION TO DISMISS 91 , OVERRULING OBJECTIONS 96 , 97 and DISMISSING DEFENDANTS JAMES BRESSMAN, RICHARD D. RUSSELL, JEFFREY C. STIEVE AND STACEY REAM Signed by District Judge Denise Page Hood. (TTho)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARCUS L. WALKER,
Plaintiff,
Case No. 21-12874
v.
HON. DENISE PAGE HOOD
DR. MARY GREINER, et al.,
Defendants.
___________________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION (ECF NO. 94),
GRANTING MOTION TO DISMISS OR FOR SUMMARY JUDGMENT
(ECF No. 60), GRANTING MOTION TO DISMISS OR FOR SUMMARY
JUDGMENT (ECF No. 81), GRANTING MOTION TO DISMISS (ECF NO.
91), OVERRULING OBJECTIONS (ECF Nos. 96, 97) and
DISMISSING DEFENDANTS JAMES BRESSMAN, RICHARD D.
RUSSELL, JEFFREY C. STIEVE AND STACEY REAM
This matter is before the Court on Magistrate Judge Patricia T. Morris= July
24, 2023 Report and Recommendation (ECF No. 94) to grant various Defendants=
Motions to Dismiss or for Summary Judgment (ECF Nos. 60, 81, 91). Plaintiff
filed Objections on August 14, 2023, indicating Ahe has no >objections= to
Defendants Russell, Stieve, and Ream being dismissed from this lawsuit@ but Adoes
make this specific objection to defendant Bressman 1 being dismissed from this
action.@ (ECF Nos. 96, 97)
1

Defendants assert the correct name is Dr. James Blessman.

The standard of review by the district court when examining a Report and
Recommendation is set forth in 28 U.S.C.' 636. This Court Ashall make a de novo
determination of those portions of the report or the specified proposed findings or
recommendations to which an objection is made.@ 28 U.S.C. ' 636(B)(1)(c). The
Court Amay accept, reject or modify, in whole or in part, the findings or
recommendations made by the Magistrate.@ Id. In order to preserve the right to
appeal the Magistrate Judge=s recommendation, a party must file objections to the
Report and Recommendation within fourteen (14) days of service of the Report
and Recommendation.

Fed. R. Civ. P. 72(b)(2).

Failure to file specific

objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474
U.S. 140 (1985); Howard v. Secretary of Health and Human Servs., 932 F2d 505
(6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
Plaintiff argues in his Objections that although Defendant Bressman was not
expressly named in the grievances, Plaintiff identified him as the Acting Chief
Medical Officer for Corizon Inc. (ECF No. 97, PageID.551) Defendants respond
to the Objections that MDOCPD 130 requires that the grieved individual must be
named and that failure to specify the names fails to exhaust a prisoner=s
administrative remedies. See Mattox v. Edelman, 851 F.3d 583, 590-91 (6th Cir.
2017).

2

After review of the July 24, 2023 Report and Recommendation as to
Defendant Bressman, the Court finds that the Magistrate Judge=s conclusions are
correct. The Court agrees with the Magistrate Judge that Defendant Bressman is
not expressly named in any of Plaintiff=s grievances and therefore must be
dismissed. Plaintiff failed to properly exhaust his administrative remedies by not
expressly naming Defendant Bressman in his grievances. Defendants Russell,
Stieve, and Ream are dismissed since Plaintiff indicated he had no Aobjections@ to
their dismissals.
Accordingly,
IT IS ORDERED that Magistrate Judge Patricia T. Morris= Report and
Recommendation (ECF No. 94) is ACCEPTED AND ADOPTED as this Court=s
findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendants James Bressman and Richard
D. Russell=s Motion to Dismiss or for Summary Judgment (ECF No. 60) is
GRANTED.
IT IS FURTHER ORDERED that Defendant Jeffrey C. Stieve=s Motion to
Dismiss or for Summary Judgment (ECF No. 81) is GRANTED.
IT IS FURTHER ORDERED that Defendant Stacey Ream=s Motion to
Dismiss (ECF No. 91) is GRANTED.

3

IT IS FURTHER ORDERED that Plaintiff Marcus L. Walker=s Objections
to the Report and Recommendation (ECF Nos. 96 and 97) are OVERRULED.
IT IS FURTHER ORDERED that Defendants James Bressman
(Blessman), Richard D. Russell, Jeffrey C. Stieve and Stacy Ream are
DISMISSED with prejudice from this action.

S/DENISE PAGE HOOD
Denise Page Hood
United States District Judge
Dated: March 28, 2024

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