Beatty v. Cromicz ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANCIS BEATTY, Plaintiff, v. Case No. 22-11949 Honorable Victoria A. Roberts ANGELA CHOMICZ1, Defendant. ____________________________/ ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE BASIS OF EXHAUSTION [ECF No. 23] Francis Beatty, a prisoner proceeding pro se, brings this civil rights action against Angela Chomicz, a prison counselor, pursuant to 42 U.S.C. § 1983. He claims Chomicz violated his First and Eighth Amendment rights by denying his request to move to a new cell. Chomicz moves for summary judgment. She argues that Beatty failed to properly exhaust administrative remedies before filing the complaint – which is a prerequisite to filing a prisoner lawsuit challenging prison conditions. 42 U.S.C. § 1997e(a); Porter v. Nussle, 534 U.S. 516, 524 (2002); Woodford v. Ngo, 548 U.S. 81, 90 (2006). Beatty did not respond to the motion, and the time to do so passed. 1 In the complaint, Plaintiff misidentifies Defendant as “PC Cromicz.” The Court reviewed Chomicz’s motion and attached exhibits. Chomicz establishes that Beatty failed to properly exhaust administrative remedies for his claims prior to filing suit. She is entitled to summary judgment. The Court GRANTS Chomicz’s motion [ECF No. 23]. IT IS ORDERED. s/ Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: 7/17/2023