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Perry v. Green

United States District Court, E.D. Michigan, Southern Division
Mar 26, 2009
Case No. 08-12740 (E.D. Mich. Mar. 26, 2009)

Summary

concluding that the plaintiff substantially complied with the MDOC's grievance procedures by providing sufficient information to allow prison officials to identify the defendants as the persons being grieved

Summary of this case from Freeman v. Holmes

Opinion

Case No. 08-12740.

March 26, 2009


OPINION AND ORDER


Plaintiff, a parolee of the Michigan Department of Corrections, initiated this lawsuit on June 6, 2008, pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights during his confinement at the Charles Egeler Reception Guidance Center. On August 14, 2008, Defendant Brown filed a motion for summary judgment based on Plaintiff's failure to exhaust administrative remedies which this Court referred to Magistrate Judge Paul J. Komives.

On February 27, 2009, Magistrate Judge Komives filed his Report and Recommendation (R R) recommending that this Court deny Brown's motion for summary judgment. At the conclusion of the R R, Magistrate Judge Komives advises the parties that they may object to and seek review of the R R within ten days of service upon them. (R R at 31.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." ( Id.) Neither party filed objections to the R R.

The Court has carefully reviewed the R R and concurs with the conclusions reached by Magistrate Judge Komives.

Accordingly,

IT IS ORDERED that Brown's motion for summary judgment is DENIED.


Summaries of

Perry v. Green

United States District Court, E.D. Michigan, Southern Division
Mar 26, 2009
Case No. 08-12740 (E.D. Mich. Mar. 26, 2009)

concluding that the plaintiff substantially complied with the MDOC's grievance procedures by providing sufficient information to allow prison officials to identify the defendants as the persons being grieved

Summary of this case from Freeman v. Holmes

adopting Report and Recommendation that prison employees were estopped from raising the affirmative defense of failure to exhaust where their own behavior prevented prisoner from exhausting his administrative remedies

Summary of this case from Cullins v. Page
Case details for

Perry v. Green

Case Details

Full title:DARRELL PERRY, Plaintiff, v. GREEN, BROWN, and VISHAMPET THYAGARGION…

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Mar 26, 2009

Citations

Case No. 08-12740 (E.D. Mich. Mar. 26, 2009)

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