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14-1067 - Cook v. Smith (INMATE 1)


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14-1067 - Cook v. Smith (INMATE 1)
July 5, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The dft's 21 motion to dismiss be GRANTED to the extent the dft seeks dismissal of this case due to the plf's failure to properly exhaust an administrative remedy prior to initiating this cause of action; 2) This case be dismissed without prejudice in accordance with the provisions of 42 USC 1997e(a) for the plf's failure to properly exhaust an administrative remedy before seeking relief from this court; Objections to R&R due by 7/19/2017. Signed by Honorable Judge Charles S. Coody on 7/5/2017. (wcl, )
August 7, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (kh, )
August 7, 2017
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JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 26) is adopted. (2) Defendant's motion to dismiss (doc. no. 21) is granted to the extent that defendant seeks dismissal for failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice, with no costs taxed, for plaintiff's failure to exhaust an available administrative remedy. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (kh, ) (Additional attachment(s) added on 8/7/2017: # (1) Civil Appeals Checklist) (kh, ).