Opinion
Civil Action 5:22-CV-248 (MTT)
08-07-2023
ERIC MATTHEW NEGRIN, Plaintiff, v. NURSE BETTY EVANS, et al., Defendants.
ORDER
MARC T. TREADWELL, CHIEF JUDGE.
United States Magistrate Judge Charles H. Weigle recommends granting the defendants' motion to dismiss (Doc. 18) and denying the defendants' motions for summary judgment (Docs. 29; 33) as moot. Doc. 38. Negrin did not respond to the motion to dismiss or motions for summary judgment. Id. at 1. The Magistrate Judge concluded that Negrin's claims should be dismissed because he failed to exhaust his administrative remedies and his claims are barred by res judicata. Id. at 9.
The same day the defendants moved to dismiss the Court sent Negrin a Griffith notice advising him of the significance of the defendants' motion. Doc. 19. The Court also sent Negrin a Griffith notice the same day the defendants moved for summary judgment. Doc. 35.
Negrin does not object to the Recommendation. Pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the Recommendation for clear error.The Court finds none. Therefore, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 38) is ADOPTED and made the Order of the Court. Accordingly, the defendants' motion to dismiss (Doc. 18) is GRANTED. Furthermore, the defendants' motions for summary judgment (Docs. 29; 33) are DENIED as moot.
However, even if reviewed de novo, the result would be the same.
SO ORDERED.