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16-793 - Spangler v. Duffell (INMATE 2)


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16-793 - Spangler v. Duffell (INMATE 2)
May 16, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The court will treat Duffell's 22 Special Report as a Motion to Dismiss regarding the exhaustion defense. It is the RECOMMENDATION of the Magistrate Judge that: 1. Defendant Duffells motion to dismiss (Doc. 22) be GRANTED to the extent that Defendant seeks dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy prior to filing this case; 2. This case be DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for Plaintiffs failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs be taxed. Objections to R&R due by 5/30/2017. Signed by Honorable Judge Susan Russ Walker on 5/16/2017. (dmn, )
June 19, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 6/19/2017. (dmn, )
June 19, 2017
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 24) is adopted. (2) Defendants motion to dismiss (doc. no. 22) is granted on the basis of failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/19/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )