Summary
noting that “a plaintiff who pleads unexhausted or improperly exhausted claims cannot come into compliance with the PLRA's exhaustion requirements by simply re-pleading those claims in an amended complaint after proper exhaustion (citing, among others, Freeman, 196 F.3d at 645; Fisher v. Ohio Dep't of Corr., No. 1:06cv559, 2009 WL 2246183, at *5 (S.D. Ohio July 23, 2009))
Summary of this case from Beal v. WashingtonOpinion
Case Number 11-13173
08-23-2013
DOUGLAS JACKSON, Plaintiff, v. HOPE SAVERHOOD, Defendant.
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION,
GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT,
AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on July 31, 2013 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the defendant's motion for summary judgment and dismiss the plaintiff's complaint without prejudice. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt. #51] is ADOPTED.
It is further ORDERED that the defendant's motion for summary judgment [dkt. #39] is GRANTED.
It is further ORDERED that the plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
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DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 23, 2013.
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SHAWNTEL JACKSON