UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RICHARD WALLACE,

Plaintiff,

v.

DENNIS LLOYD, DOCTOR,

Defendant.

 /

Case No. 09-11991

Honorable Patrick J. Duggan

OPINION AND ORDER (1) DENYING DEFENDANT’S MOTION TO DISMISS

BASED ON EXHAUSTION AND (2) GRANTING DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT

 At a session of said Court, held in the U.S.

District Courthouse, Eastern District 

of Michigan, on March 1, 2010.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

U.S. DISTRICT COURT JUDGE

Plaintiff filed this pro se civil rights action against Defendant pursuant to 42

U.S.C. § 1983 on May 26, 2009. Plaintiff filed an amended complaint on October 9,

2009. When he filed this lawsuit, Plaintiff was a federal prisoner who had been housed at

the Genesee County jail in Flint, Michigan. Defendant is a doctor who provides medical

services to Genesee County jail inmates. In his complaints, Plaintiff alleges that

Defendant was deliberately indifferent to his medical needs in violation of his rights

under the Fourth, Fifth, Fourteenth, and Eighth Amendments and retaliated against him

for filing this lawsuit in violation of his First Amendment rights.
1

The Court docket identifies this pleading as a motion to dismiss but it in fact is titled a

motion for summary judgment.

Defendant filed a motion to dismiss on October 15, 2009, contending that Plaintiff

failed to exhaust his administrative grievance remedies before pursuing this lawsuit. 

(Doc. 15.) On November 6, 2009, Defendant filed a motion for summary judgment

contending that there are no genuine issues of material fact and that he is entitled to

judgment as a matter of law with respect to Plaintiff’s claims.1

 (Doc. 20.) This Court had

previously assigned this lawsuit for all pretrial matters to Magistrate Judge Charles

Binder on September 28, 2009. (Doc. 11.)

On January 14, 2010, Magistrate Judge Binder filed a Report and

Recommendation (R&R) recommending that this Court deny Defendant’s motion to

dismiss and grant Defendant’s motion for summary judgment. (Doc. 31.) With respect to

the first motion, Magistrate Judge Binder concluded that Plaintiff made a showing of a

reasonable belief that he exhausted his administrative remedies. (R&R at 6.) With

respect to Defendant’s motion for summary judgment, Magistrate Judge Binder found

that Plaintiff failed to allege facts in his complaints or in response to Defendant’s motion

to state a claim under the Fourth, Fifth, or Fourteenth Amendments. (Id.) As to

Plaintiff’s claims pursuant to the Eighth and First Amendments, Magistrate Judge Binder

concluded that the undisputed evidence does not establish a violation of Plaintiff’s rights. 

(R&R at 11-12, 14-15.)

At the conclusion of his R&R, Magistrate Judge Binder advises the parties that

they may object to and seek review of the R&R within fourteen days of service upon
them. (R&R at 15-16.) He further specifically advises the parties that “[f]ailure to file

specific objections constitutes a waiver of any further right of appeal.” (Id. at 15

(citations omitted).) Neither party filed objections to the R&R.

This Court has carefully reviewed the R&R and concurs with the conclusions

reached by Magistrate Judge Binder. 

Accordingly,

IT IS ORDERED, that Defendant’s motion to dismiss is DENIED;

IT IS FURTHER ORDERED, that Defendant’s motion for summary judgment is

GRANTED.

PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE 

Copies to:

Richard Wallace

Register #26340-039

Genesee County Jail

1002 Saginaw Street

Flint, MI 48502-1499

Ronald W. Chapman, Esq.

Magistrate Judge Charles BInder