Jamerson #185490 v. Wilkinson et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
J OHN J AMERSON, #185490, 	)
Plaintiff, 	)
) 	No. 1:22-cv-529
-v- 	)
) 	Honorable Paul L. Maloney
M. WILKINSON,
et al., 	)
Defendants. 	)
)
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Jamerson, a prisoner under the control of the Michigan Department of
Corrections, alleges Defendants violated his civil rights. 	Two defendants remain and they
filed a motion for summary judgment (ECF No. 54). The Magistrate Judge issued a report
recommending the court grant Defendants’ motion (ECF No. 62 R&R). 	Plaintiff filed
objections (ECF No. 63). The court will adopt the R&R.
After being served with a report and recommendation (R&R) issued by a magistrate
judge, a party has fourteen days to file written objections to the proposed findings and
recommendations. 	28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). 	A district court judge
reviews de novo the portions of the R&R to which objections have been filed. 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(3). Only those objections that are specific are entitled to a
de novo review under the statute.
Mira v. Marshall, 806 F.2d 636, 637 (6th Cir. 1986) (per
curiam).
MDOC transferred Plaintiff to the Muskegon Correctional Facility in October 2020
where he was assigned to Housing Unit 6 (ECF No. 24-3 PageID.326). 	Accessing at least
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some of the cells in Housing Unit 6 requires the use of stairs (ECF No. 55-4 PageID.335).
Plaintiff was initially assigned to “Lock” 123 from October 22, 2020, to October 29, 2020
(ECF No. 24-3 PageID.326). He was then moved to “Lock” 232 from October 29, 2020, to
February 1, 2021 (
id.) MDOC transferred Plaintiff from Housing Unit 6 to Housing Unit 3
on February 1, 2021 (
id.). The cells in Housing Unit 3 do not require the use of stairs (ECF
No. 55-4 PageID.336).
Concerning the remaining Defendants, Plaintiff exhausted his claim against them in
a grievance filed on April 11, 2021, in which he identified the date of the incident as February
12, 2021. 	In the grievance he mentions (1) that he has a bottom bunk detail, (2) he was
moved upstairs, and (3) he fell down the stairs and injured himself (ECF No. 37 PageID.248;
ECF No. 24-3 PageID.136).
As part of their motion for summary judgment, Defendants produced evidence that
on February 1, 2021, Plaintiff had been transferred to Unit 3, which only has ground floor
cells.
The Magistrate Judge concluded that Defendants demonstrated a lack of genuine
issue of material fact that Plaintiff did not have an upstairs cell on February 12, 2021, the
date of the alleged incident identified in the grievance Plaintiff used to exhaust his claim
against these defendants.
Plaintiff’s objection does not address this discrepancy in the dates. He alleges he fell
while housed in Unit 6 and that some discovery would show that these defendants had
knowledge that he should not have been assigned an upstairs cell because of his detail.
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The court overrules Plaintiff’s objection. Plaintiff did not exhaust any claim against
these defendants that occurred during the time Plaintiff was assigned to Housing Unit 6. His
claim likely arose between October 29, 2020, and February 1, 2021. 	The court can infer
that Lock 232 was a cell on the second floor. 	In addition, Plaintiff does not address the
discussion in the R&R in footnote 1. The Magistrate Judge also points out several other
evidentiary lapses relevant to any claim against these defendants that arose prior to February
1. Plaintiff’s objection does not address those other evidentiary lapses.
Accordingly, the court ADOPTS the report and recommendation (ECF No. 62) and
GRANTS 	Defendants’ 	motion 	for 	summary 	judgment 	(ECF 	No. 	54). 	IT 	IS 	SO
ORDERED.
Date: 	December 9, 2025 	/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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