Opinion
Case No. 2:16-CV-44
11-10-2016
MICHAEL GREENE #251997, Plaintiff, v. R. MILLER, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Timothy Greeley's October 24, 2016 Report and Recommendation recommending that Defendants' motion for summary judgment based on Plaintiff's failure to exhaust his administrative remedies be denied. The Report and Recommendation was duly served on the parties on October 24, 2016. No objections have been filed pursuant to 28 U.S.C. § 636(b).
THEREFORE, IT IS ORDERED that the October 24, 2016, 2016 Report and Recommendation (ECF No. 20) is approved and adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment based on Plaintiff's failure to exhaust administrative remedies (ECF No. 10) is DENIED. Defendants have failed to establish that Plaintiff failed to exhaust. Dated: November 10, 2016
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE