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finding a grievance unexhausted where the grievance was not listed in the Step III grievance report and plaintiff did not provide an affidavit supporting his assertion that he filed a Step III appeal or any corroborating evidence, such as a copy of the grievance or evidence of mailing the grievance
Summary of this case from Owusu v. Mich. Dep't of Corr. Pain Mgmt. Comm.Opinion
Case No. 12-cv-13036
07-31-2013
DAVID S. HEMBREE, Plaintiff, v. PATRICIA CARTER, JOAN ROGERS DARRYL BRADY, and LORI KOPKA, Defendants.
Honorable Denise Page Hood
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND
GRANTING DEFENDANT'S MOTION TO DISMISS
This prisoner civil rights matter comes before the Court on Magistrate Judge Paul J. Komives Report and Recommendation on Defendants' Motion for Summary Judgment [Dkt #12] and Defendant Brady's Motion to Dismiss [Dkt #22]. For the reasons stated below, the Court adopts the Report and Recommendation in its entirety as this Court's findings of fact and conclusions of law.
The Court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). This Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. An objection to the Report and Recommendation must be timely and specific . See Fed. R. Civ. P. 72(b)(2); E.D. Mich. L. R. 72.1(d); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981) ("The filing of objections provides the district court with the opportunity to consider the specific contentions of the parties and to correct any errors immediately.")
The Court finds the Report and Recommendation's reasoning and conclusions appropriate. The Court will also note that neither party has filed an objection to the Report and Recommendation. A party's failure to file any objections waives his or her right to further appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987); Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court finds that the parties have waived any further objections to the Report and Recommendation and adopts the Magistrate Judge's findings of fact and conclusions of law in their entirety.
Accordingly
IT IS ORDERED that the Report and Recommendation [Docket No. 38, filed July 2, 2013] is ADOPTED as this Court's findings of fact and conclusions of law.
IT IS FURTHER ORDERED that Defendants Patricia Carter, Lori Kopka, and Joan Rogers' Motion for Summary Judgment [Docket No. 12, filed September 20, 2012] is GRANTED.
IT IS FURTHER ORDERED that Defendant Darryl Brady's Motion to Dismiss [Docket No. 22, filed January 7, 2013] is GRANTED.
IT IS FURTHER ORDERED that this case is DISMISSED WITHOUT PREJUDICE to Plaintiff refiling his suit.
_________________
Denise Page Hood
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on July 31, 2013, by electronic and/or ordinary mail.
LaShawn R. Saulsberry
Case Manager