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14-1083 - Smiley v. Smith (INMATE 1)


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14-1083 - Smiley v. Smith (INMATE 1)
July 5, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: In light of the foregoing and in accordance with the directives of the 15 Order entered on 1/12/2015, the court will treat the defendant's report as a motion to dismiss. It is the RECOMMENDATION of the Magistrate Judge that: 1. The defendants motion to dismiss be GRANTED to the extent the defendant seeks dismissal of this case due to the plaintiffs 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 U.S.C. ยง 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs be taxed herein. Objections to R&R due by 7/19/2017. Signed by Honorable Judge Charles S. Coody on 7/5/2017. (dmn, )
August 7, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/7/17. (djy, )
August 7, 2017
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JUDGMENT, in accordance with the memorandum opinion enteredtoday, it is the ORDER, JUDGMENT, and DECREE of thecourt as follows: (1) the 20 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) def's 13 Motion to Dismiss is granted to the extent that def seeks dismissal on the basis of failure to exhaust administrative remedies; (3) this lawsuit is dismissed without prejudice for failure to exhaust administrative remedies, with no costs taxed; 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 8/7/17. (Attachments: # (1) civil appeals checklist)(djy, )