Molina v. Jackson, 15-cv-0351 RB/SMV. (2016)
Court: District Court, D. New Mexico
Number: infdco20160531g80
Visitors: 8
Filed: May 27, 2016
Latest Update: May 27, 2016
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION ROBERT C. BRACK , District Judge . THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 41] ("PF&RD"), issued on April 26, 2016. On reference by the undersigned [Doc. 2], the Honorable Stephan M. Vidmar, United States Magistrate Judge, found that Plaintiff failed to exhaust his administrative remedies with regard to all claims and offered nothing excusing
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION ROBERT C. BRACK , District Judge . THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 41] ("PF&RD"), issued on April 26, 2016. On reference by the undersigned [Doc. 2], the Honorable Stephan M. Vidmar, United States Magistrate Judge, found that Plaintiff failed to exhaust his administrative remedies with regard to all claims and offered nothing excusing ..
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ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
ROBERT C. BRACK, District Judge.
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 41] ("PF&RD"), issued on April 26, 2016. On reference by the undersigned [Doc. 2], the Honorable Stephan M. Vidmar, United States Magistrate Judge, found that Plaintiff failed to exhaust his administrative remedies with regard to all claims and offered nothing excusing his failure to exhaust. [Doc. 41]. Thus, he recommended that Defendant's Motion for Summary Judgment [Doc. 30] be granted and that Plaintiff's claims be dismissed without prejudice. Id. at 7. No party objected to the PF&RD, and the time for doing so has passed.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 41] are ADOPTED. Defendant's Motion for Summary Judgment [Doc. 30] is GRANTED, and all of Plaintiff's claims against Defendant are DISMISSED without prejudice.
IT IS FURTHER ORDERED that Plaintiff's Request for Extension of Time to respond to Defendant's Motion for Summary Judgment [Doc. 40] is GRANTED and Plaintiff's request that the Court hold Defendant in contempt as a discovery sanction, see [Doc 29] at 2, is DENIED.
IT IS SO ORDERED.
Source: Leagle
