Cain #490544 v. Palmer et al

Filing 96

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 88 ; denying motion for summary judgment 23 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

Case 1:19-cv-00628-JTN-SJB ECF No. 96 filed 09/09/20 PageID.428 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRANDON LEWIS CAIN,
Plaintiff,
Case No. 1:19-cv-628
v.
HON. JANET T. NEFF
CARMEN PALMER, et al.,
Defendants.

____________________________/

ORDER
This is a prisoner civil rights action. Defendants filed a Motion for Summary Judgment on
the Basis of Exhaustion (ECF No. 23). The matter was referred to the Magistrate Judge, who
issued a Report and Recommendation on August 14, 2020, recommending that this Court deny the
motion, adopt the foregoing findings of fact and conclusions of law as to Defendants’ affirmative
defense of failure to exhaust administrative remedies, and conclude that the grievance process was
unavailable to Plaintiff. The Report and Recommendation was duly served on the parties. No
objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 88) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment on the Basis of
Exhaustion (ECF No. 23) is DENIED.
IT IS FURTHER ORDERED that this Court adopts the findings of fact and conclusions
of law as set forth in the Report and Recommendation concerning Defendants’ affirmative defense

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of failure to exhaust administrative remedies, and concludes that the grievance process was
unavailable to Plaintiff.

Dated: September 9, 2020

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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