Cristini #244014 v. Loman et al

2:25-cv-00010MiwdDec 2, 2025

Full text

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JAMES CRAIG CRISTINI,
Plaintiff,
v.
UNKNOWN LOMAN, et al.,
Defendants.
_________________________/
Case No. 2:25-cv-10
HON. JANE M. BECKERING
ORDER
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendants
Nachtman (named as Unknown Knoxman), Hubble, and Naeyaert filed a Motion for Summary
Judgment (ECF No. 26). The matter was referred to the Magistrate Judge, who issued a Report
and Recommendation (ECF No. 45) on October 27, 2025, recommending that this Court grant the
motion 	and 	that 	certain 	claims 	be 	dismissed 	for 	lack 	of 	exhaustion. 	The 	Report 	and
Recommendation was duly served on the parties.1 No objections have been filed. See 28 U.S.C.
§ 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 45) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (ECF No. 26) is
GRANTED. The following claims are DISMISSED without prejudice for lack of exhaustion:
1. 	Plaintiff’s First Amendment retaliation claims against Defendants Hubble and Naeyaert;
2. 	Plaintiff’s Eighth Amendment failure-to-protect claim against Defendant Knoxman; and
3. 	Plaintiff’s 	Eight 	Amendment 	conditions 	of 	confinement 	claim 	against 	Defendant
Naeyaert.
1 Service of the Report and Recommendation on Plaintiff was returned, marked “return to
sender” and “not at ICF” (ECF No. 46). 	Plaintiff has failed to keep the Court apprised of his
current address.
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2
Defendants Hubble and Naeyaert are terminated from this action.
This case proceeds as to Plaintiff’s First Amendment retaliation claims against Defendants
Loman and Knoxman, and Plaintiff’s Eighth Amendment conditions of confinement claim against
Defendant Schroeder.
Dated: December 2, 2025 	/s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge
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