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Baldwin v. Klee

United States District Court, E.D. Michigan, Southern Division

March 29, 2017

GARY BALDWIN, Plaintiff,
v.
PAUL KLEE and DAVID MICHAEL, Defendants.

          Laurie J. Michelson District Judge

          OPINION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO AMEND (DE 12) and DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO COMPEL (DE 13)

          Anthony P. Patti UNITED STATES MAGISTRATE JUDGE

         I. OPINION

         A. Background

         Gary Baldwin (#165196) is currently incarcerated at the MDOC's Gus Harrison Correctional Facility (ARF) in Adrian, Michigan. On August 30, 2016, while incarcerated at ARF, Baldwin filed the instant lawsuit against six defendants. Plaintiff seeks both punitive and compensatory damages. (DE 1 at 1-10.)

         Since the filing of Plaintiff's complaint, his claims against Defendant Chapman were dismissed for failure to allege his “particular, alleged involvement” in the case. (DE 5 at 3-4.) At the same time, his claims against Defendants Siles, Leslie and Russell - all of which were “based upon their responses to grievances he filed concerning being forced to walk without the use of his wheelchair” - have been dismissed, because “a prisoner does not have a constitutionally-protected interest in an inmate grievance procedure or the right to an effective procedure.” (DE 5 at 4.) Thus, at this time, the only remaining defendants are Paul Klee (ARF Warden) and David Michael (an ARF Correctional Officer).[1]

         B. Pending Matters

         This case has been referred to me for pretrial matters. Currently before the Court are three motions: (1) Plaintiff's January 12, 2017 motion to amend complaint, regarding which Defendants have filed a response; (2) Plaintiff's January 24, 2017 motion to compel discovery; and (3) Defendants Klee and Michael's February 8, 2017 motion for summary judgment, regarding which Plaintiff has filed a response.

         C. Discussion

         1. Factual background

         a. Plaintiff has a history of treatment for his left hip, left femur and left knee

During July 2001, Plaintiff received a metallic implant in his pelvis and left femur. (DE 1 at 12.) He is currently serving a sentence imposed on August 9, 2004. (See www.michigan.gov/corrections, “Offender Search.”) During 2012 and 2013, Plaintiff underwent radiology exams of the left hip, left femur, pelvis and chest. (See DE 1 at 17-19.)

         On January 17, 2014, Plaintiff received a permanent accommodation for a wheelchair. (DE 1 at 12.) Thereafter, on July 29, 2014, plaintiff underwent a study of the left hip, left femur and left knee, which revealed, among other things, continued disarticulation of the prostheses; osteoporosis/osteopenia; deformity of the left acetabulum; and exostoses of the distal left femur. (DE 1 at 20.)

         b. Grievance Identifier ARF-2016-02-0378-17z

         On February 8, 2016, Plaintiff completed a Step I grievance form, contending that he “[t]alk[ed] to [Sgt.] Michaels about a Medical Emergency[, ]” and providing the following detail:

I came in the chow hall while having problems with a bearing in my wheelchair. I couldn't move my chair because [a] bearing went out & I needed to go to medical to get a replacement so I could get around in the institution. The Sarge told me to get out & push it back to the unit[.] []I have a permanent wheelchair accommodation[, ] because . . . my left hip does have an implant & has been out of place. Now [I am] in a lot of pain because of walking from the chow hall & back to the Unit. [Sgt. Michaels] claimed that us []inmates took the wheel off & took a bushing out[.] How[?] [W]e [cannot] even use a screw driver to tighten up screws on a pair of glasses. To me Sargent Michaels [is not] a mechani[c] when he tells me in front of other inmates that he can tighten up a self tighting nut with his hand & without wrenches. . . . Plus the bearing was hanging in plain sight.[]

         The grievance was received at Step I on February 10, 2016. (DE 1 at ...


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