Opinion
Civil Action 23-11613
05-03-2024
ALLEN AIKENS, Plaintiff, v. KIRK STEVENSON, et al., Defendants.
Linda V. Parker, United States District Judge
REPORT AND RECOMMENDATION TO DENY DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (ECF NOS. 18, 24)
DAVID R. GRAND, UNITED STATES MAGISTRATE JUDGE
Pro se plaintiff Allen Aikens, an incarcerated person, brings this civil rights action pursuant to 42 U.S.C. § 1983, against Michigan Department of Corrections' employees Kirk Stevenson, Sara Belt, Steven Garrow, Noah Nagy, Dustin Steien, and Fumiktiko Yuki (collectively, “Defendants”), alleging claims for various violations of his constitutional rights. (ECF No. 1).
On July 24, 2023, this case was referred to the undersigned for all pretrial matters pursuant to 28 U.S.C. § 636(b). (ECF No. 9).
Now before the Court for a Report and Recommendation are Defendants' Motions for Summary Judgment on the Basis of Exhaustion. (ECF Nos. 18, 24). On today's date, the Court held a hearing on these motions. For the detailed reasons stated on the record, IT IS RECOMMENDED that Defendants' motions (ECF Nos. 18, 24) be DENIED.
NOTICE REGARDING OBJECTIONS
The parties to this action may object to and seek review of this Report and Recommendation but are required to act within fourteen (14) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b)(2). Failure to file specific objections constitutes a waiver of any further right of appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Howard v. Sec'y of HHS, 932 F.2d 505, 508 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The filing of objections which raise some issues, but fail to raise others with specificity, will not preserve all the objections a party might have to this Report and Recommendation. See Willis v. Sec'y of HHS, 931 F.2d 390, 401 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served upon this magistrate judge.