Opinion
CASE NO. 5:11-cv-80-RS-GRJ
05-08-2013
BERNARD C. McGEE, Plaintiff, v. TIFFT, et al., Defendants.
ORDER
Before me are the Magistrate Judge's Report and Recommendation (Doc. 68) and Plaintiff's Objections (Doc. 73). I have reviewed Plaintiff's Objections de novo.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order.
2. Plaintiff's First amended Complaint (Doc. 7) is DISMISSED for failure to exhaust administrative remedies under Plaintiff's alternative theory of exhaustion, unavailability.
3. Judgment in favor of Defendants remains in effect.
4. The Clerk is directed to close the case.
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RICHARD SMOAK
UNITED STATES DISTRICT JUDGE