Montanez v. Trost, 15-cv-1397-MJR-SCW. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180911843
Visitors: 11
Filed: Sep. 10, 2018
Latest Update: Sep. 10, 2018
Summary: MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION MICHAEL J. REAGAN , District Judge . This matter is before the Court on the issue of exhaustion of administrative remedies. Magistrate Judge Stephen C. Williams concluded that an evidentiary hearing was unnecessary, so he issued a Report and Recommendation (Doc. 144). Magistrate Judge Williams recommends that the undersigned District Judge deny the motions ( Id. ). Upon issuance of the Report and Recommendation, Magistrate Judge William
Summary: MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION MICHAEL J. REAGAN , District Judge . This matter is before the Court on the issue of exhaustion of administrative remedies. Magistrate Judge Stephen C. Williams concluded that an evidentiary hearing was unnecessary, so he issued a Report and Recommendation (Doc. 144). Magistrate Judge Williams recommends that the undersigned District Judge deny the motions ( Id. ). Upon issuance of the Report and Recommendation, Magistrate Judge Williams..
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MEMORANDUM AND ORDER ADOPTING REPORT & RECOMMENDATION
MICHAEL J. REAGAN, District Judge.
This matter is before the Court on the issue of exhaustion of administrative remedies. Magistrate Judge Stephen C. Williams concluded that an evidentiary hearing was unnecessary, so he issued a Report and Recommendation (Doc. 144). Magistrate Judge Williams recommends that the undersigned District Judge deny 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 12). The 14-day deadline—August 27, 2018— came and went without any objections being filed.
Accordingly, the Court ADOPTS in its entirety the Report and Recommendation (Doc. 144). The Court finds that Magistrate Judge Williams's recommendations are sound, particularly in light of the detailed analysis of exhaustion as to the contents of Plaintiff's grievances about his medical condition and Defendants Wexford and Dr. Ritz's role in providing potential medical care to Plaintiff. As Magistrate Judge Williams noted, the burden of proof to demonstrate a failure to exhaust administrative remedies was on the Defendants. Based on this deficiency, the Defendants' motions are hereby DENIED. Claims still remain against Dr. John Trost, Gail Walls, Kimberly Butler, Todd Brooks, Dr. Stephen Ritz, and Wexford Health Sources, Inc.
IT IS SO ORDERED.
Source: Leagle
