Filed: Sep. 04, 2013
Latest Update: Sep. 04, 2013
Summary: ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the plaintiff's objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED
Summary: ORDER J. LEON HOLMES, District Judge. The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the plaintiff's objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED ..
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ORDER
J. LEON HOLMES, District Judge.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the plaintiff's objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS, THEREFORE, ORDERED that:
1. Defendants' motion for summary judgment is GRANTED. Document #60.
2. This cause of action is DISMISSED as follows:
a. Plaintiff's due process and Eighth Amendment claims relating to his placement in administrative/punitive segregation should be DISMISSED without prejudice for failure to exhaust his administrative remedies.
b. Plaintiff's Eighth Amendment failure to protect claims should be DISMISSED with prejudice.
3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the recommendations and the accompanying Judgment would not be taken in good faith.
