United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Report and Recommendation
("Report") of United States Magistrate Judge
Gilbert C. Sison (Doc. 80), recommending the undersigned
grant Defendants David and Wexford's Motion for Summary
Judgment on the Issue of Exhaustion (Docs. 39). Plaintiff
filed a timely objection (Doc. 81). For the following
reasons, Judge Sison's Report is
Ricky Ryder, an inmate currently housed at Robinson
Correctional Center (“Robinson”), filed this
civil rights action pursuant to 42 U.S.C. § 1983 on
April 4, 2018 for incidents that occurred while he was housed
at Shawnee Correctional Center (“Shawnee”).
Plaintiff alleges Defendants failed to treat his preexisting
eye condition. Defendants moved for summary judgment,
asserting Plaintiff failed to exhaust his administrative
remedies prior to filing suit. As required by Pavey v.
Conley, 544 F.3d 739 (7th Cir. 2008), Judge Sison
conducted an evidentiary hearing on Defendants' Motion.
the Pavey hearing, Judge Sison issued the Report
currently before the Court which accurately states the nature
of the evidence presented by both sides on the issue of
exhaustion, the applicable law, and the requirements of the
administrative process. Judge Sison reviewed the following
grievances: January 11, 2018 grievance in which Plaintiff
complained of the lack of medical treatment for his knees and
back; July 20, 2017 grievance that references lack of medical
treatment for Plaintiff's knee and back and requested a
bottom bunk; September 17, 2016 grievance which relates to a
job assignment; and April 25, 2018 grievance which relates to
Plaintiff's conditions of confinement at Shawnee. Judge
Sison concluded that Plaintiff failed to exhaust his
administrative remedies as to his claim against Defendants
prior to filing his lawsuit.
timely objections are filed, this Court must undertake a
de novo review of the Report and Recommendation. 28
U.S.C. 636(b)(1)(B), (C); Fed.R.Civ.P. 72(b); SDIL-LR
73.1(b); see also Govas v. Chalmers, 965 F.2d 298,
301 (7th Cir. 1992). The Court may accept, reject or modify
the magistrate judge's recommended decision. Id.
In making this determination, the Court must look at all of
the evidence contained in the record and give fresh
consideration to those issues to which specific objections
have been made. Id., quoting 12 Charles
Alan Wright et al., Federal Practice and Procedure
3076.8, at p. 55 (1st Ed. 1973) (1992 Pocket Part).
Prison Litigation Reform Act requires prisoners to exhaust
all available administrative remedies before filing suit. 42
U.S.C. § 1997e(a). Proper exhaustion requires that an
inmate file complaints and appeals in the place, at the time,
and in the manner the prison's administrative rules
require. Pozo v. McCaughtry, 286 F.3d 1022, 1025
(7th Cir. 2002).
objection to Report, Plaintiff reiterate arguments made at
the Pavey hearing and in his previous filings with the Court.
Specifically, Plaintiff contends his grievances, although not
fact intensive, provided the institution with enough
information and details to put them on notice that he was
having medical issues related to his eye. He also contends
his lack of spelling and academic skills show that he has
literacy problems, and because of this, he should have
received help at the facility to understand the grievance
Report, Judge Sison found, and the Court agrees, that none of
the first 4 grievances relate to Plaintiffs eye condition,
and therefore, cannot serve to exhaust Plaintiff s
administrative remedies. He also found that while the April
11, 2017 grievance pertains to lack of treatment for
Plaintiffs eye, the grievance does not mention Defendants
David or Wexford. Additionally, this grievance was returned
to Plaintiff from the facility for failure to contain
necessary responses. Judge Sison also noted that Plaintiffs
testimony regarding additional grievances that Plaintiff
claims went unanswered was not credible. The Court finds no
reason in the record to second guess Judge Sison's
finding in this regard.
Court finds Judge Sison's factual findings and rationale
to be sound. It is apparent that Plaintiff did not exhaust
his administrative remedies prior to filing suit.
Accordingly, Judge Sison's Report and Recommendation
(Doc. 43) is adopted in its entirety; Defendants' Motion
for Summary Judgment on the Issue of Exhaustion of
Administrative Remedies (Doc. 39) is GRANTED
and Count 1 is DISMISSED without prejudice