Filed: Feb. 19, 2019
Latest Update: Feb. 19, 2019
Summary: ORDER JAMES M. MOODY, JR. , District Judge . The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED THAT: 1. Defendants' Motion for Summary Judgment (
Summary: ORDER JAMES M. MOODY, JR. , District Judge . The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED THAT: 1. Defendants' Motion for Summary Judgment (D..
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ORDER
JAMES M. MOODY, JR., District Judge.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court's findings in all respects.
IT IS, THEREFORE, ORDERED THAT:
1. Defendants' Motion for Summary Judgment (Doc. No. 18) is GRANTED.
2. Plaintiff's claims against Defendants Wendy Kelley, James Gibson, and Jared Byers are DISMISSED without prejudice for failure to exhaust administrative remedies;
3. Plaintiff's claims against the Doe Defendants are dismissed without prejudice pursuant to Federal Rules of Civil Procedure 4(m) and for failure to exhaust administrative remedies;
4. This cause of action (Doc. No. 1) is DISMISSED without prejudice.
5. Plaintiff's Motion to dismiss (Doc. No. 21) is DENIED.
6. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations and the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED.
