PAINTER v. THOMAS, CV612-088. (2013)
Court: District Court, S.D. Georgia
Number: infdco20130611897
Visitors: 9
Filed: Jun. 10, 2013
Latest Update: Jun. 10, 2013
Summary: ORDER B. AVANT EDENFIELD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation dated April 4, 2013. Plaintiff (or a "Lillian Black" on his behalf) filed "Objections" to the Report and Recommendation, to which Defendants responded. Plaintiff asserts that the Magistrate Judge recommended that Defendants' Motion to Dismiss be granted but the reason for this recommendation is not clear. Howeve
Summary: ORDER B. AVANT EDENFIELD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation dated April 4, 2013. Plaintiff (or a "Lillian Black" on his behalf) filed "Objections" to the Report and Recommendation, to which Defendants responded. Plaintiff asserts that the Magistrate Judge recommended that Defendants' Motion to Dismiss be granted but the reason for this recommendation is not clear. However..
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ORDER
B. AVANT EDENFIELD, District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation dated April 4, 2013. Plaintiff (or a "Lillian Black" on his behalf) filed "Objections" to the Report and Recommendation, to which Defendants responded. Plaintiff asserts that the Magistrate Judge recommended that Defendants' Motion to Dismiss be granted but the reason for this recommendation is not clear. However, the Magistrate Judge's Report makes it clear that he recommends the granting of Defendants' Motion to Dismiss because Plaintiff failed to exhaust his available administrative remedies prior to the filing of this cause of action.
Plaintiff's Objections are without merit and are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendants' Motion to Dismiss is GRANTED. Plaintiff's Complaint is DISMISSED, without prejudice, based on his failure to exhaust his available administrative remedies prior to the filing of this cause of action. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.
Source: Leagle
