Titus Henderson v. Jason Aldana, Brian Chapman, Kevin Madden, Deana Grayce, Thomas Wiegand, Paul Kemper, and Mary Taylor

Summary

The United States District Court for the Eastern District of Wisconsin adopted a magistrate judge’s recommendation denying defendants’ motion for summary judgment on the plaintiff’s recreation-time claim because defendants did not prove that administrative remedies were available and unexhausted. The court also denied without prejudice the plaintiff’s motions for reconsideration, relief from judgment, sanctions, and related relief, and directed that the recreation claim proceed on the merits.

Holdings

1. When no timely objection is made to a magistrate judge's report and recommendation, the district court reviews the unobjected portions for clear error and, absent clear error, adopts the recommendation.
2. Defendants failed to meet their burden to prove that administrative remedies were available to plaintiff; therefore, defendants' motion for summary judgment was denied as to the recreation-time claim, which could proceed on the merits.
3. The motion for reconsideration was denied without prejudice because it did not clearly identify the relief sought, as required for a motion under Federal Rule of Civil Procedure 7.
4. The pending motions for reconsideration, sanctions, default judgment, and relief from judgment were denied without prejudice, without foreclosing the parties from presenting updated motions addressing the current facts and procedural history.

Questions Presented

1. Whether the district court should adopt the magistrate judge's unobjected report and recommendation regarding exhaustion of administrative remedies for the recreation-time claim.
2. Whether defendants met their burden to prove that administrative remedies were available to plaintiff for the recreation-time claim.
3. Whether plaintiff's motion for reconsideration concerning the remanded exhaustion issue adequately stated the grounds for relief and the relief sought.
4. Whether the pending motions for reconsideration, sanctions, default judgment, and relief from judgment should be denied without prejudice.

Disposition

other