Opinion
23-cv-11093
02-29-2024
JERMAINE BURTON, Plaintiff, v. JAY SAPH, et al., Defendants.
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 25)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
Now before the Court is a motion by Defendants Farris and Martino for summary judgment based upon Plaintiff's alleged failure to exhaust administrative remedies. (See Mot., ECF No. 25.) Other Defendants previously filed a similar motion. (See Mot., ECF No. 13.) In connection with that prior motion, the Court carefully reviewed the relevant history concerning Plaintiff's use of, and purported efforts to use, the MDOC grievance process. Based upon that review, the Court concluded that, under the circumstances of this case, the issue of whether Plaintiff's claims should be barred for failure to exhaust should be decided at a bench trial, not by way of a motion for summary judgment. The Court adheres to that determination. Accordingly, IT IS HEREBY ORDERED THAT:
1. The motion for summary judgment by Defendants Farris and Martino is DENIED.
2. The Court will hold a bench trial to resolve their failure-to-exhaust defense.
3. Farris, Martino, and Plaintiff may conduct discovery limited to the failure-to-exhaust defense for sixty days from the date of this order.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 29, 2024, by electronic means and/or ordinary mail.
Holly A. Ryan, Case Manager.