Watson v. Jamsen et al

Filing 37

ORDER DENYING PLAINTIFF'S 16 Motion to Defer Summary Judgment - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRYL WATSON,
Plaintiff,

No. 16-13770

v.

District Judge Linda V. Parker
Magistrate Judge R. Steven Whalen

CHARLES JAMSEN, ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiff’s Motion to Defer Summary Judgment [Doc. #16], in
which he asks to defer ruling on Defendant Landfair’s Motion for Summary Judgment
[Doc. #10] until he has had the opportunity for more discovery.
Defendant Landfair’s motion is based on Plaintiff’s failure to exhaust his
administrative remedies as required by 42 U.S.C. § 1997e(a). Plaintiff states that he
cannot respond to the motion without reviewing his medical records. But the affirmative
defense of exhaustion is based on the question of whether the Plaintiff strictly complied
with the Michigan Department of Corrections’s grievance procedure, not on the
substantive content of medical records or any other discovery. A dismissal based on nonexhaustion is not a decision on the merits, and such dismissal is without prejudice.
Knuckles El v. Toombs, 215 F.3d 640 (6th Cir.2000); McCloy v. Correctional Medical
Services, 794 F.Supp.2d 743, 751 (E.D.Mich. 2011).

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Accordingly, Plaintiff’s Motion to Defer Summary Judgment is DENIED.
IT IS SO ORDERED.
Dated: August 11, 2017

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on August 11, 2017 that I electronically filed the foregoing
paper with the Clerk of the Court sending notification of such filing to all counsel
registered electronically. I hereby certify that a copy of this paper was mailed to
non-registered ECF participants August 11, 2017.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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