DIMANCHE v. BROWN, 4:11-cv-533-SPM/CAS. (2012)
Court: District Court, N.D. Florida
Number: infdco20120608b03
Visitors: 8
Filed: Jun. 06, 2012
Latest Update: Jun. 06, 2012
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION STEPHAN P. MICKLE, Senior District Judge. THIS CAUSE comes before the Court for consideration of the Magistrate Judge's Report and Recommendation (doc. 81). Plaintiff filed objections (doc. 82). Upon consideration, and despite Plaintiff's objections, I have determined that the Report and Recommendation is correct and should be adopted. Defendants filed a motion to dismiss, asserting that Plaintiff failed to exhaust administrative remedies. The Report
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION STEPHAN P. MICKLE, Senior District Judge. THIS CAUSE comes before the Court for consideration of the Magistrate Judge's Report and Recommendation (doc. 81). Plaintiff filed objections (doc. 82). Upon consideration, and despite Plaintiff's objections, I have determined that the Report and Recommendation is correct and should be adopted. Defendants filed a motion to dismiss, asserting that Plaintiff failed to exhaust administrative remedies. The Report a..
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ORDER ADOPTING REPORT AND RECOMMENDATION
STEPHAN P. MICKLE, Senior District Judge.
THIS CAUSE comes before the Court for consideration of the Magistrate Judge's Report and Recommendation (doc. 81). Plaintiff filed objections (doc. 82). Upon consideration, and despite Plaintiff's objections, I have determined that the Report and Recommendation is correct and should be adopted.
Defendants filed a motion to dismiss, asserting that Plaintiff failed to exhaust administrative remedies. The Report and Recommendation states, and this Court agrees, that because Plaintiff failed to exhaust administrative remedies, the motion to dismiss must be granted. Accordingly, it is
ORDERED and ADJUDGED:
1. The Magistrate Judge's Report and Recommendation (doc. 81) is adopted and incorporated by reference into this order.
2. Defendants' motion to dismiss (doc. 74) is granted.
3. Plaintiff's amended complaint (doc. 8) is dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e) and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).
4. The clerk is directed to note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
DONE AND ORDERED.
Source: Leagle
