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Scott v. Williams, 4:18cv45-RH-MJF. (2020)

Court: District Court, N.D. Florida Number: infdco20200121e94 Visitors: 5
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER OF DISMISSAL ROBERT L. HINKLE , District Judge . The plaintiff filed this case while he was a prisoner. He alleges constitutional violations by jail officials while he was a prisoner at a different facility. The case is before the court on the magistrate judge's report and recommendation, ECF No. 38. No objections have been filed. The report and recommendation correctly concludes that the plaintiff failed to exhaust administrative remedies and that the case is subject to dismissal o
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ORDER OF DISMISSAL

The plaintiff filed this case while he was a prisoner. He alleges constitutional violations by jail officials while he was a prisoner at a different facility. The case is before the court on the magistrate judge's report and recommendation, ECF No. 38. No objections have been filed.

The report and recommendation correctly concludes that the plaintiff failed to exhaust administrative remedies and that the case is subject to dismissal on this basis. This order accepts this part of the report and recommendation and directs entry of judgment dismissing the case.

IT IS ORDERED:

1. The report and recommendation is accepted in part.

2. The defense summary-judgment motion ECF No. 34, is treated as a motion to dismiss for failure to exhaust administrative remedies. The motion is 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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