McClendon #186015 v. Caruso et al

Filing 53

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 49 granting Motion for Summary Judgment re: 26 , and denying as moot motion to strike 26 re: 46 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

ANTHONY MCCLENDON,
Plaintiff,

Case No. 2:12-cv-230

v.

Honorable R. Allan Edgar

PATRICIA CARUSO, et al.,
Defendants.
/

MEMORANDUM AND ORDER
On February 19, 2014, U.S. Magistrate Judge Timothy P. Greeley entered a Report
and Recommendation (“R&R”) in this case concerning Defendants’ motion for summary
judgment. Doc. No. 49. Magistrate Judge Greeley found that the filed grievances indicated
that Plaintiff had failed to properly exhaust his claims, but that Defendants had failed to
authenticate the documents offered in support of their motion. Magistrate Judge Greeley
recommended that Defendants’ motion be denied without prejudice unless they offered
proper authentication for the documents they had filed during the objections period. If
Defendants did so, Magistrate Judge Greeley recommended that their summary judgment
motion be granted. In response, Defendants have filed an affidavit from MDOC Grievance
Section Manager Richard D. Russell. Doc. No. 51-2. Russell asserts that the grievance
report attached to Defendants’ summary judgment motion is a true and accurate copy, and
lists the same grievances previously attached to Defendants’ motion as being the complete
list of grievances found on the grievance report. Defendants have therefore properly

authenticated their documents. The Court agrees with Magistrate Judge Greeley’s analysis
that Plaintiff failed to properly exhaust his claims.
Magistrate Judge Greeley’s R&R [Doc. No. 49] is APPROVED and ADOPTED as the
opinion of the Court pursuant to 28 U.S.C. § 636(b)(1) and W.D. Mich. L. Civ. R. 72.3(b).
Defendants’ motion for summary judgment [Doc. No. 26] is GRANTED. Plaintiff’s case is
DISMISSED WITHOUT PREJUDICE in its entirety. Plaintiff’s motion to strike [Doc. No. 46]
is DENIED AS MOOT. A Judgment consistent with this Memorandum and Order will be
entered.
SO ORDERED.
Dated:

3/5/2014

/s/ R. Allan Edgar
R. Allan Edgar
United States District Judge

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