Alexander #731077 v. Isard et al
ORDER ADOPTING REPORT AND RECOMMENDATION 28 re 19 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
D’ANDRE ALEXANDER #731077,
Case No. 2:16-CV-65
HON. GORDON J. QUIST
DAVID ISARD, et al.,
REPORT AND RECOMMENDATION
On February 14, 2017, Magistrate Judge Greeley issued a Report and Recommendation
recommending that the Court grant in part and deny in part Defendants’ motion for partial summary
judgment based on Plaintiff’s failure to exhaust administrative remedies. In particular, the
magistrate judge recommended that the Court grant the motion with regard to Plaintiff’s claims
against Defendant McLeod and deny the motion in all other respects.
The Report and
Recommendation was duly served on the parties on February 14, 2017. No objections have been
filed pursuant to 28 U.S.C. § 636(b).
Therefore the Court will adopt the Report and
IT IS HEREBY ORDERED that the February 14, 2017, Report and Recommendation is
ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants’ Motion for Partial Summary Judgment
(ECF No. 19) is GRANTED IN PART AND DENIED IN PART. Plaintiff’s claims against
Defendant McLeod are DISMISSED WITHOUT PREJUDICE based upon lack of exhaustion.
The motion is DENIED with regard to Plaintiff’s retaliation and Eighth Amendment claims against
Defendants Isard, LaLonde, and Wood.
Dated: March 8, 2017
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE
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