Jones #260563 v. Bonevelle
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 46 , and granting defendant's second motion for summary judgment 46 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
JESSE E. JONES,
Case No. 2:08-CV-133
HON. ROBERT HOLMES BELL
ORDER APPROVING AND ADOPTING
REPORT AND RECOMMENDATION AND GRANTING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
On August 29, 2011, Magistrate Judge Timothy P. Greeley issued a Report and
Recommendation (“R&R”) recommending that Defendant’s second motion for summary
judgment be granted on grounds that Plaintiff failed to exhaust administrative remedies.
(Dkt. No. 46.) This matter is before the Court on Petitioner’s objections to the R&R. (Dkt.
This Court makes a de novo determination of those portions of an R&R to which
specific objections are made. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court may
accept, reject, or modify any or all of the Magistrate Judge’s findings or recommendations.
Plaintiff objects to the Magistrate Judge’s determination that Plaintiff failed to exhaust
administrative remedies because his grievance was rejected. Plaintiff argues that the
rejection of his grievance was unfounded. However, these arguments should have been made
during the grievance process, not in this § 1983 litigation. Plaintiff’s grievance was rejected
at all levels of the grievance process for failure to follow grievance procedures.
Unfortunately for Plaintiff, when a grievance is rejected, as here, on grounds “explicitly set
forth in the applicable grievance procedure, ‘a subsequent § 1983 claim based on the
grievance will be subject to dismissal for failure to properly exhaust.’” Great v. Gelabert,
No. 1:07-cv-203, 2008 WL 474098 at *2 n.1 (W.D. Mich. Feb. 15, 2008). Accordingly,
IT IS HEREBY ORDERED that the August 29, 1011, R&R (Dkt. No. 46) is
APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s objections to the R&R (Dkt. No. 47)
IT IS FURTHER ORDERED that Defendant’s second motion for summary
judgment (Dkt. No. 37) is GRANTED.
Dated: September 9, 2011
/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE
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