Summary
denying motion to dismiss for failure to exhaust because plaintiff raised fact issue by asserting in verified complaint that he was not allowed to exhaust remedies and emphasizing that position in his response
Summary of this case from Kanneh v. Burleigh Cnty.Opinion
NO: 5:08CV00015 JMM/HDY.
August 26, 2008
ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1. The motions for summary judgment filed by Defendants (docket entries #19, #34, #39, #43, #46), are DENIED.
2. Plaintiff's motion to voluntarily dismiss his claims against Defendant Patricia Gooley (docket entry #72) is GRANTED, and Plaintiff's claims against Gooley are DISMISSED WITHOUT PREJUDICE.