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Smith v. Van, 4:15cv53-RH/CAS. (2018)

Court: District Court, N.D. Florida Number: infdco20180330a27 Visitors: 12
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: ORDER OF DISMISSAL ROBERT L. HINKLE , District Judge . This case is before the court on the magistrate judge's third report and recommendation, ECF No. 112, and the objections, ECF No. 113. I have reviewed de novo the issues raised by the objections. Upon consideration, IT IS ORDERED: 1. The report and recommendation is accepted and adopted as the court's opinion. 2. The summary-judgment motions, ECF Nos. 88 and 89, are treated as evidence-based motions to dismiss for failure to exhaust
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ORDER OF DISMISSAL

This case is before the court on the magistrate judge's third report and recommendation, ECF No. 112, and the objections, ECF No. 113. I have reviewed de novo the issues raised by the objections. Upon consideration,

IT IS ORDERED:

1. The report and recommendation is accepted and adopted as the court's opinion.

2. The summary-judgment motions, ECF Nos. 88 and 89, are treated as evidence-based motions to dismiss for failure to exhaust administrative remedies. The motions are granted.

3. The clerk must enter judgment stating, "The complaint is dismissed for failure to exhaust administrative remedies."

4. The clerk must close the file.

SO ORDERED.

Source:  Leagle

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