Filed: Nov. 14, 2016
Latest Update: Nov. 14, 2016
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2016. ECF No. 65. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Plaintiff claims he was prevented by the prison of
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2016. ECF No. 65. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Plaintiff claims he was prevented by the prison off..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated September 2, 2016. ECF No. 65. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Plaintiff claims he was prevented by the prison officials from exhausting his administrative remedies. However, as the Magistrate Judge noted, he was provided an opportunity to cure the procedural defect and failed to take advantage of it. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Defendants' motions to dismiss, ECF Nos. 48, 58, are GRANTED.
3. This action is DISMISSED without prejudice.
4. The clerk of court is directed to enter judgment accordingly and close the file.
DONE AND ORDERED.
