Opinion
CASE NO. 4:13cv454-MW/CAS
07-30-2014
WILLIAM A. ANSELL, Plaintiff, v. MICHAEL CREWS, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION & DENYING PENDING MOTIONS
This Court has considered the Magistrate's Report and Recommendation, ECF No.48, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 52, Plaintiff's Motion for Appointment of Counsel, ECF No. 50, and Plaintiff's Motion to Extend Time, ECF No. 51. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. This Court also denies Plaintiff's request for an extension of time to hire a lawyer and his request for the appointment of counsel. The Clerk shall enter judgment stating, "Plaintiff's fifth amended complaint, ECF No. 45, is DISMISSED for failure to exhaust administrative remedies pursuant to 42 U.S.C. §1997(e) and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). All pending motions, ECF Nos. 46, 50 and 51, are DENIED. The Clerk shall note on the docket that this case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)." The Clerk shall close the file.
SO ORDERED on July 30, 2014.
s/ Mark E. Walker
United States District Judge