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JACKSON v. BERT[SC]H, 3:14-cv-00014-RRE-ARS. (2015)

Court: District Court, D. North Dakota Number: infdco20150605b77 Visitors: 12
Filed: Jun. 04, 2015
Latest Update: Jun. 04, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RALPH R. ERICKSON , Chief District Judge . Pursuant to 28 U.S.C. 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that the court grant the defendants' motion to dismiss and that the complaint be dismissed without prejudice because Jackson failed to exhaust his administrative remedies. 1 Jackson has not objected to the Report and Recommendation within the pres
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ORDER ADOPTING REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that the court grant the defendants' motion to dismiss and that the complaint be dismissed without prejudice because Jackson failed to exhaust his administrative remedies.1 Jackson has not objected to the Report and Recommendation within the prescribed time period.

After reviewing the record and considering the magistrate judge's Report and Recommendation, the court finds the magistrate judge's analysis of the claims and recommendations for disposition are appropriate. Accordingly, the court hereby adopts the Report and Recommendation in its entirety. For the reasons stated therein, the defendants' motion to dismiss2 is GRANTED and Jackson's complaint3 is DISMISSED without prejudice.

The court finds that any appeal would be frivolous, cannot be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

FootNotes


1. Doc. #44.
2. Doc. #37.
3. Doc. #5.
Source:  Leagle

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