Washington #686360 v. Michigan Department of Corrections et al

Filing 19

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 17 ; defendants' motion for summary judgment 13 is GRANTED; plaintiff's remaining claims are dismissed without prejudice; signed by Judge Gordon J. Quist (kvt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ROBERT TYWAN WASHINGTON, Plaintiff, Case No. 2:17-CV-6 v. Hon. Gordon J. Quist MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION The Court has reviewed Magistrate Judge Timothy Greeley’s January 9, 2018, Report and Recommendation recommending that the Court grant Defendants’ motion for summary judgment and dismiss the remaining claims without prejudice based on Plaintiff’s failure to exhaust his administrative remedies. The Report and Recommendation was duly served on the parties on January 9, 2018. No objections have been filed pursuant to 28 U.S.C. § 636(b). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed January 9, 2018 (ECF No. 17), is approved and adopted as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment (ECF No. 13) is GRANTED, and Plaintiff’s remaining claims are DISMISSED WITHOUT PREJUDICE.1 A separate judgment will enter. Dated: February 2, 2018 1 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE The Court notes that the Report and Recommendation was returned as Plaintiff was discharged or paroled and failed to leave a forwarding address. (ECF No. 18.) Such failure is itself a violation of W.D. Mich. LCivR 41.1, justifying a dismissal for failure to prosecute the case.

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