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08-564 - Edwards v. Peasant (INMATE 2)


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08-564 - Edwards v. Peasant (INMATE 2)
August 5, 2008
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ORDER directing payment of initial partial filing fee of $15.33 be paid on or before 8/26/2008; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Copies mailed to plaintiff and account clerk at Ventress Correctional Facility. Signed by Honorable Terry F. Moorer on 8/5/2008. (wcl, )
November 12, 2008
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ORDERED that on or before 12/3/2008 Plf shall file a response to Dft's written report, as further set out in order. Signed by Honorable Terry F. Moorer on 11/12/2008. (wcl, )
December 10, 2008
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REPORT AND RECOMMENDATION of the Magistrate Judge that: 1) Dft's 12 MOTION for Summary Judgment be GRANTED to the extent Dft seeks dismissal of this case due to Plf's failure to properly exhaust available administrative remedies; 2) This case be DISMISSED with prejudice in accordance with the provisions of 42 USC 1997e(a) for Plf's failure to exhaust administrative remedies available to him during his confinement at the Ventress Correctional Facility; Objections to R&R due by 12/23/2008. Signed by Honorable Terry F. Moorer on 12/10/2008. (wcl, )
December 30, 2008
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ORDER directing that: 1) The 17 Recommendation of the Magistrate Judge is ADOPTED; 2) Dft's 12 Motion for Summary Judgment be GRANTED to the extent Dfts seeks dismissal of this case due to Plf's failure to properly exhaust available administrative remedies; and 3) This case be DISMISSED with prejudice, as further set out in order; An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/30/2008. (wcl, )
December 30, 2008
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FINAL JUDGMENT, it is the ORDER, JUDGMENT, and DECREE of the Court that summary judgment be entered in favor of the Dft, and this action be DISMISSED with prejudice; The parties shall bear their own costs; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Truman M. Hobbs on 12/30/2008. (Attachments: # (1) Civil Appeals Checklist)(wcl, )