Summary
holding that a separate grievance submitted to the ARA that was "returned 'unanswered' because the grievance was not of a 'sensitive or emergency nature'" was not the equivalent of a properly submitted grievance appeal
Summary of this case from Sanchez v. KingOpinion
No. CIV-12-1051-C
07-26-2013
MAXIE C. BARBER, Plaintiff, v. JUSTIN JONES, Director DOC; CLAUDE CHESTER, LCF Warden; MARK STEVENS, Correctional Health Services Administrator; KIRK SMITH, M.D., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation entered by United States Magistrate Judge Suzanne Mitchell on June 28, 2013. The court file reflects that no party has objected to the Report and Recommendation within the time limits prescribed. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation of the Magistrate Judge (Dkt. No. 31) is adopted and Defendant Justin Jones's Motion to Dismiss (Dkt. No. 17) is granted, and the Motion for Summary Judgment of Defendants Claude Chester, Dr. Kirk Smith, and Nurse Mark Stevens is likewise granted. A judgment shall enter accordingly.
IT IS SO ORDERED this 26th day of July, 2013.
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ROBIN J. CAUTHRON
United States District Judge