ClarkWillis #726262 v. Napel et al

Filing 26

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 25 re 21 ; case to continue on Plaintiff's retaliation/interference claim against Defendant Laitinen; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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

JULIUS C. CLARK-WILLIS #726262,
Plaintiff,

Case No. 2:18-CV-7

v.

HON. GORDON J. QUIST

ROBERT NAPEL, et al.,
Defendants.
/
ORDER ADOPTING
REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Maarten Vermaat’s June 4, 2019, Report and
Recommendation recommending that the Court grant Defendants’ motion for summary judgment
based on Plaintiff’s failure to exhaust his administrative remedies and dismiss Plaintiff’s claims
against Defendants Viitala, Nadeau, and Watkins1 without prejudice and dismiss all claims against
Defendant Laitinen without prejudice, except for Plaintiff’s claim that Defendant Laitinen retaliated
and interfered with Plaintiff’s mail by denying him postage loans on October 9, 2017. The Report
and Recommendation was duly served on Plaintiff on June 5, 2019. No objections have been filed
pursuant to 28 U.S.C. § 636(b).
THEREFORE, IT IS HEREBY ORDERED that the June 4, 2019, Report and
Recommendation (ECF No. 25) is approved and adopted as the Opinion of the Court. Defendants’
motion for summary judgment based on Plaintiff’s failure to exhaust his administrative remedies
(ECF No. 25) is GRANTED as follows: (1) all claims against Defendants Viitala, Nadeau, and

1

The Report and Recommendation erroneously referred to Defendant Watkins as Defendant Dewey, which is
Defendant Watkins’s first name.

Watkins are dismissed without prejudice; and (2) all claims against Defendant Laitinen, except
for Plaintiff’s claim that Defendant Laitinen retaliated and interfered with Plaintiff’s mail by
denying him postage loans on October 9, 2017, are dismissed without prejudice. The case will
continue on Plaintiff’s claim that Defendant Laitinen retaliated and interfered with Plaintiff’s mail
by denying him postage loans on October 9, 2017.

Dated: July 12, 2019

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE

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