Frazier #379628 v. Woods et al
Filing
64
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 63 ; granting in part motion for summary judgment 46 ; dismissing without prejudice certain defendants; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
ALVIN D. FRAZIER,
Plaintiff,
Case No. 2:17-cv-89
v.
HON. JANET T. NEFF
JEFFREY WOODS, et al.,
Defendants.
____________________________/
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Currently,
only three plaintiffs remain. Certain defendants filed a motion for summary judgment (ECF No.
46). The matter was referred to the Magistrate Judge, who issued a Report and Recommendation
on November 5, 2018, recommending that this Court grant in part the motion. The Report and
Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C.
§ 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 63) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for summary judgment (ECF No. 46) is
GRANTED IN PART. Defendants MacArther, Russo, Herbert, Line, J. Grove, D. Gallagher,
Kathy Olsen, and Mark W. Pokley are DISMISSED without prejudice due to Plaintiff’s failure to
exhaust administrative grievance remedies. Plaintiff’s Eighth Amendment failure to protect claims
will continue against Defendants Butler, Isard, McGeshik, Dunton, G. McLeod, and M. Marlette.
Dated: November 30, 2018
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
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