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08-350 - Love v. Stewart et al (INMATE1)


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08-350 - Love v. Stewart et al (INMATE1)
May 14, 2008
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ORDER 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 Lee County Detention Center inmate account clerk. Signed by Honorable Charles S. Coody on 5/14/08. (sl, )
July 24, 2008
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[VACATED PURSUANT TO 12 MEMORANDUM OPINION AND ORDER entered on 8/12/08] RECOMMENDATION of the Magistrate Judge that: (1) the defendants' 8 MOTION for Summary Judgment be granted to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust available administrative remedies; (2) this case be dismissed without prejudice in accordance with the provisions of 42 USC 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Lee County Detention Facility. Objections to R&R due by 8/6/2008. Signed by Honorable Charles S. Coody on 7/24/08. (sl, ) Modified on 8/12/2008 (sl, ).
August 12, 2008
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MEMORANDUM OPINION AND ORDER that the 10 Recommendation of the Magistrate Judge is vacated; Ordered as follows: (1) the defendants' 8 motion for summary judgment is granted to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust available administrative remedies; (2) this case is dismissed without prejudice for plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Lee County Detention Facility. Signed by Honorable Charles S. Coody on 8/12/08. (sl, )
August 12, 2008
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FINAL JUDGMENT entered in favor of defendants and against the plaintiff and this action is dismissed without prejudice. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Charles S. Coody on 8/12/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )