Filed: Jan. 30, 2019
Latest Update: Jan. 30, 2019
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles duly filed on January 3, 2019. (Dkt. No. 45.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby ORDERED that
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles duly filed on January 3, 2019. (Dkt. No. 45.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby ORDERED that ..
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ORDER
GARY L. SHARPE, Senior District Judge.
The above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles duly filed on January 3, 2019. (Dkt. No. 45.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Report and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 45) is ADOPTED in its entirety; and it is further
ORDERED that plaintiff's remaining claim in this action is barred by the Prison Litigation Reform Act of 1996 based upon his failure to exhaust available administrative remedies before commencing suit and that his remaining claim in this action is DISMISSED WITHOUT PREJUDICE as set forth in the Report and Recommendation, (Dkt. No. 45 at 24-26); and it is further
ORDERED that plaintiff's complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk is directed to close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules.
IT IS SO ORDERED.
