Opinion
No. 5:10-cv-326-DPM-BD.
October 17, 2011
ORDER
The Court has considered Magistrate Judge Beth Deere's Partial Recommended Disposition, Document No. 44. No one has objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal in its entirety.
The Defendants' motion for summary judgment, Document No. 33, is granted in part and denied in part. Brown's claims against Defendants Hobbs, Cameron, Davis, Shavers, and Eberhard are dismissed without prejudice based on no exhaustion. Brown may proceed on his deliberate-indifference claims against Chism and Johnson, but only in their individual capacities.
So Ordered.