Opinion
No. 2:02-CV-0173.
August 3, 2004
ORDER WITHDRAWING REPORT AND RECOMMENDATION AS TO DEFENDANT LONGBINE
Plaintiff CURTIS SHABAZZ, acting pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-referenced defendants. Plaintiff has paid the filing fee and is not proceeding in forma pauperis.
On September 18, 2003, the Court issued a Report and Recommendation to dismiss plaintiff's claims against defendants HAMILTON and LONGBINE for failure to exhaust administrative remedies before filing suit in federal court.
On October 1, 2003, plaintiff filed his Objections to the Report and Recommendation by which, for the first time, he provided a copy of a grievance, in lieu of pleading with specificity, to show exhaustion of administrative remedies as to his claims against defendant LONGBINE.
Consequently, the September 18, 2003, Report and Recommendation is WITHDRAWN AS TO DEFENDANT LONGBINE.
IT IS SO ORDERED.