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13-056 - Fogarty v. Ogle et al

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13-056 - Fogarty v. Ogle et al
January 13, 2014
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MEMORANDUM OPINION & ORDER: 1) Dfts' 17 Motion for Summary Judgment based on Pla's failure to properly exhaust administrative remedies req'd by the Prison Litigation Reform Act of 1995 is GRANTED. Dft's motion to dismiss and for summary judgment on alternative grounds is DENIED without prejudice as moot. 2) This action is DISMISSED and STRICKEN from the Court's docket. 3) This is a FINAL and APPEALABLE Order and there is no just cause for delay. Signed by Judge Danny C. Reeves on 01/13/2014. (KLB) cc: COR,D, Pro se Pla via US Mail. Modified cc: on 1/13/2014 (KLB).