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14-642 - Kashuba v. Corizon Operations et al(INMATE 2)


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14-642 - Kashuba v. Corizon Operations et al(INMATE 2)
April 18, 2017
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The 29 motion for summary judgment filed by Dfts Gordy and Woods be GRANTED; 2) The 32 motion to dismiss filed by Dfts Corizon Operations and Peasant be GRANTED to the extent those dfts seek dismissal of this case due to Plf's failure to exhaust an administrative remedy prior to filing this case; 3) This case be DISMISSED without prejudice in accordance with the provisions of 42 USC 1997e(a) for Plf's failure to exhaust properly an administrative remedy before seeking relief from this court; 4) No costs be taxed; Objections to R&R due by 5/2/2017. Signed by Honorable Judge Gray M. Borden on 4/18/2017. (wcl, )
May 8, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 5/8/2017. (wcl, )
May 8, 2017
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 47 recommendation is adopted; (2) This lawsuit is dismissed without prejudice and with no costs taxed. All pending motions are denied as moot; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 5/8/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )