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07-559 - Lewis v. Nashville Criminal Justice Center et al


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07-559 - Lewis v. Nashville Criminal Justice Center et al
December 12, 2007
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REPORT AND RECOMMENDATION: The undersigned Recommends the following: 22 defts' motion for summary judgment be granted; this action should be dismissed because the pltf failed to exhaust his administrative remedies as required under 42 U.S.C. Sec. 1915e(a); the 27 defts' motion to dismiss for failure to prosecute should be denied as moot; and any appeal by the pltf should not be certified as taken in good faith under 28 U.S.C. Sec. 1915(a)(3). Signed by Judge Joe Brown on 12/11/07. (cc: pltf by certified and regular mail) (jb)
January 15, 2008
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ORDER accepting Report and Recommendation 29; granting Motion to Dismiss 22; denying as moot 27 Motion to Dismiss for Lack of Prosecution 27. This case is dismissed for failure to exhaust administrative remedies. Any appeal by the pltf from this ruling will not be certified as taken in good faith. Signed by Judge Aleta A. Trauger on 1/15/08. (gi)
February 5, 2008
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ORDER: The pltf has filed a document captioned 34 "Motion to Appeal Summary Judgment" which, because the substance of the document is addressed to the district court, the court liberally construes as a timely filed motion to alter or amend judgment under Rule 59(e), Fed.R.Civ.P. In the interest of justice, the pltf is granted an additional 10 days to file objections to the 29 Magistrate Judge's R&R. The pltf shall file said objections not later than 10 days from the date of entry of this Order. The pltf is forewarned that, should he fail to comply with this Order within the 10 day time frame prescribed, his motion to alter or amend judgment will be denied. Signed by Judge Aleta A. Trauger on 2/5/08. (cc: pltf by certified and regular mail) (jb)