Summary
standing for the proposition that a prisoner who lodges a discrimination complaint must exhaust all available administrative remedies prior to filing suit in federal court
Summary of this case from Halsey v. ArmstrongOpinion
Civil No. 05-228-ST.
August 28, 2006
Luis Fabelo, OSP/Legal Mail, Salem, Oregon, Pro Se Plaintiff.
Kathryn A. Cottrell, State of Oregon, Department of Justice, Salem, Attorney for Defendants.
ORDER
The Honorable Janice Stewart, United States Magistrate Judge, filed Findings and Recommendation on July 31, 2006. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Judge Stewart's Findings and Recommendation (#39).
IT IS HEREBY ORDERED that Defendants' Unenumerated 12B Motion to Dismiss for Failure to Exhaust (#33) is granted.