Mitchell #420337 v. Golladay et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 18 ; granting in part and denying in part motion for summary judgment 11 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

DELMAREY MITCHELL,
Plaintiff,
Case No.: 2:16-cv-106
v.
HONORABLE PAUL L. MALONEY

UNKNOWN GOLLADAY et al.,
Defendants.
/
ORDER ADOPTING MAGISTRATEJUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Timothy P. Greeley in this action (ECF No. 18). The Report and Recommendation was duly
served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the
Court.
THEREFORE, IT IS ORDERED that Defendants' motion for summary judgment (ECF
No. 11) is GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Defendants Bender and Cusick are DISMISSED
WITHOUT PREJUDICE from this lawsuit for Plaintiff's failure to exhaust his grievance remedies
against them. The November 25, 2015, claim against Defendant Golladay is DISMISSED
WITHOUT PREJUDICE for failure to properly file a grievance on the incident. The motion is
DENIED as to Defendant McLean.

Dated: October 24, 2016

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge