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07-14057 - Gissenter v. Martin Correctional Institution et al

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07-14057 - Gissenter v. Martin Correctional Institution et al
June 27, 2008
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REPORT AND RECOMMENDATION on 42 USC 1983 case re 1 Complaint, filed by Jeffery Gissenter. Recommending 1) the complaint against defendants Showtight, Davis and Williams be dismissed pursuant to Fed.R.Civ.P. 4(m); 2) the complaint against the defendants King and Sawyer be dismissed pursuant to 42 U.S.C. §1997e(a), for lack of exhaustion of administrative remedies; 3) the motions of defendants King and Sawyer (DE#s 47 and 50) be granted to the extent they assert entitlement to relief based plaintiffs failure to comply with the PLRAs administrative exhaustion requirement, as codifiedunder 42 U.S.C. §1997e(a); and 4) this case be closed. Objections to R&R due by 7/17/2008. Signed by Magistrate Judge Patrick A. White on 06/25/08. (tw)