Davis-Hussung v. Logan et al

2:24-cv-12853Mied04.12.2025

Gesamter Gesetzestext

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROMEL LEE DAVIS-HUSSUNG,
Plaintiff,
v.
SERGEANT LOGAN, et. al.,
Defendants.
Case No. 24-cv-12853
Honorable Robert J. White
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION, GRANTING CORRECTIONS
OFFICER GOLDSMITH’S MOTION FOR SUMMARY JUDGMENT,
AND SUA SPONTE DISMISSING DR. FOLTZ
Romel Lee Davis-Hussung is incarcerated with the Michigan Department of
Corrections. He commenced this 42 U.S.C. § 1983 action against, among others,
Corrections Officer Goldsmith and Dr. Foltz for exhibiting deliberate indifference to
his serious medical needs in violation of the Eighth Amendment to the United States
Constitution. The complaint alleges that both defendants refused to provide Davis-
Hussung with medical care after other corrections officers had assaulted him.
Before the Court is Magistrate Judge Kimberly G. Altman’s November 12,
2025 report and recommendation. (ECF No. 19). The report recommends that the
Court (1) grant Corrections Officer Goldsmith’s motion for summary judgment on
Case 2:24-cv-12853-RJW-KGA ECF No. 21, PageID.<pageID> Filed 12/04/25 Page 1 of 2
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the basis of exhaustion, and (2) sua sponte dismiss Dr. Foltz on the same grounds
or, in the alternative, because Davis-Hussung failed to prosecute this action. (ECF
No. 16). None of the parties objected to the report and recommendation pursuant to
Fed. R. Civ. P. 72(b)(2).
The Court had an opportunity to fully review the matter and believes that the
magistrate judge reached the correct conclusions for the appropriate reasons.
Accordingly,
IT IS ORDERED that the magistrate judge’s November 12, 2025 report and
recommendation (ECF No. 19) is hereby accepted and adopted.
IT IS FURTHER ORDERED that Corrections Officer Goldsmith’s motion for
summary judgment on the basis of exhaustion (ECF No. 16) is granted.
IT IS FURTHER ORDERED that Dr. Foltz is dismissed from this action sua
sponte on the basis of exhaustion.
Dated: December 4, 2025 s/ Robert J. White
Robert J. White
United States District Judge
Case 2:24-cv-12853-RJW-KGA ECF No. 21, PageID.<pageID> Filed 12/04/25 Page 2 of 2

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