Ward #728439 v. Loveberry et al

Filing 35

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 32 ; granting motion for summary judgment on the basis of exhaustion 21 ; Plaintiff's remaining claims against Defendant Mihm are dismissed without prejudice for failure to exhaust administrative remedies; terminating Defendant Mihm; signed by District Judge Jane M. Beckering (rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TYLIER WARD,
Plaintiff,
Case No. 1:22-cv-1033
v.
HON. JANE M. BECKERING
UNKNOWN LOVEBERRY, et al.,
Defendants.

_________________________/
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendant
Kyle Mihm (named as “Kyle Mihms”) filed a Motion for Summary Judgment on the Basis of
Exhaustion (ECF No. 21). The matter was referred to the Magistrate Judge, who issued a Report
and Recommendation (ECF No. 32) on April 16, 2024, recommending that this Court grant the
motion and that Plaintiff’s remaining claims against Defendant Mihm be dismissed without
prejudice for failure to exhaust administrative remedies. The Report and Recommendation was
duly served on the parties that have appeared in this matter to date.1 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. 32) is
APPROVED and ADOPTED as the Opinion of the Court.

1

Service of the Report and Recommendation on Plaintiff was returned twice, each marked
“out to court” (ECF Nos. 33 & 34). According to the Michigan Department of Corrections website
(https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=728439), Plaintiff was
released to court on a writ on October 25, 2023. Plaintiff has failed to keep the Court apprised of
his current address. Defendant Unknown Loveberry has not yet appeared in this case.

IT IS FURTHER ORDERED that the Motion for Summary Judgment on the Basis of
Exhaustion (ECF No. 21) is GRANTED. Plaintiff’s remaining claims against Defendant Mihm
are DISMISSED without prejudice for failure to exhaust administrative remedies.
Defendant Mihm is terminated from this action.

Dated: June 3, 2024

/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge

2