Williams #373703 v. Blough et al
Filing
35
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 34 ; ORDER GRANTING in part and DENYING in part Defendant's Motion for Summary Judgment 20 ; signed by Judge Robert J. Jonker (elam)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY WILLIAMS #373703,
Plaintiff,
Case No: 1:23-cv-1038
v.
HON. ROBERT J. JONKER
L. BLOUGH et al,
Defendants.
/
ORDER APPROVING AND ADOPTING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on December 17, 2024 (ECF No. 34).
The Report and
Recommendation was duly served on the parties. No objections have been filed under 28 U.S.C.
§ 636(b)(1)(C).
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
Magistrate Judge (ECF No. 34) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No.
20) is GRANTED in part and DENIED in part.
The Motion is GRANTED with regard to
Plaintiff’s claim that Defendant Basye retaliated against him by denying him procedural due
process in connection with the misconduct hearing, but DENIED as to the claims against
Defendant Blough and Plaintiff’s claim that Defendant Bayse retaliated by upgrading the
misconduct to a Class I violation.
IT IS FURTHER ORDERED that Defendants may move for a bench trial on their
exhaustion defense to the remaining claims.
Dated:
January 7, 2025
/s/ Robert J. Jonker
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE
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