Craig v. Wexford Health Sources, Inc., 17-cv-03633-MJR-SCW. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180831a89
Visitors: 9
Filed: Aug. 30, 2018
Latest Update: Aug. 30, 2018
Summary: MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION MICHAEL J. REAGAN , District Judge . On June 28, 2018, the parties appeared before the Honorable Stephen C. Williams, United States Magistrate Judge, for an evidentiary hearing on Defendants' Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Docs 42, 46). Following the hearing, Magistrate Judge Williams prepared a Report and Recommendation (Doc. 58). Judge Williams recommends that the undersigned Distric
Summary: MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION MICHAEL J. REAGAN , District Judge . On June 28, 2018, the parties appeared before the Honorable Stephen C. Williams, United States Magistrate Judge, for an evidentiary hearing on Defendants' Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Docs 42, 46). Following the hearing, Magistrate Judge Williams prepared a Report and Recommendation (Doc. 58). Judge Williams recommends that the undersigned District..
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MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION
MICHAEL J. REAGAN, District Judge.
On June 28, 2018, the parties appeared before the Honorable Stephen C. Williams, United States Magistrate Judge, for an evidentiary hearing on Defendants' Motion for Summary Judgment on the Issue of Exhaustion of Administrative Remedies (Docs 42, 46). Following the hearing, Magistrate Judge Williams prepared a Report and Recommendation (Doc. 58). Judge Williams recommends that the undersigned District Judge grant the motions (Id.). Upon issuance of the Report and Recommendation, Magistrate Judge Williams informed the parties that they had 14 days to object to his recommendations. (Id. at 9). The 14-day deadline—July 23, 2018—came and went without any objections being filed.
Accordingly, the Court ADOPTS in its entirety the Report and Recommendation (Doc. 58). The Court finds that Magistrate Judge Williams's recommendations are sound, particularly in light of the detailed analysis of exhaustion as to the lack of documentation from the Plaintiff tending to suggest that he filed grievances, or even if he did, that he exhausted the administrative process. As Magistrate Judge Williams noted, Plaintiff's evidence on exhaustion was inconsistent and lacked credibility. Plaintiff's own verbal account of facts was also contradicted by his paper filings, and Defendants' evidence. Based on these issues, the Defendants' motions are hereby GRANTED. No claims remain against any party. Accordingly, judgment shall be entered in favor of all Defendants and the Clerk's office is directed to close this case.
IT IS SO ORDERED.
Source: Leagle