Opinion
2:22-cv-34-DPM
01-18-2023
JOE LOUIS KELLEY PLAINTIFF v. BRANDON DAVIS, Deputy Warden; TONI SHOCKEY, Chaplain; and KEITRICH WADE, Coach, Recreation Supervisor DEFENDANTS
ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE
On de novo review, the Court adopts Magistrate Judge Ervin's recommendation as supplemented, Doc. 32, and overrules Kelley's objections, Doc. 33. Fed.R.Civ.P. 72(b)(3). A litigant cannot avoid the statute's requirement of pre-suit exhaustion by filing a motion for injunctive relief. A motion requires a foundation-a case-commencing pleading. The Court properly treated Kelley's motion as his complaint and request for injunctive relief. Motion for summary judgment, Doc. 25, granted. Kelley's complaint will be dismissed without prejudice for failure to exhaust.
So Ordered.