Opinion
No. 1:10-cv-0106
12-20-2011
MICHAEL COREY BENTON, Plaintiff, v. ROBERT STORY, et al., Defendants.
Judge Sharp
Jury Demand
ORDER
On October 31, 2011, the Magistrate Judge entered a Report and Recommendation (Docket Entry No. 59), recommending that this action be dismissed without prejudice without consideration of Plaintiff's underlying claims because Plaintiff failed to comply with the exhaustion requirement of 42 U.S.C. § 1997e(a) prior to filing this action. Despite being specifically advised in the Report and Recommendation that any objections to the recommended disposition needed to be filed within fourteen days, Plaintiff has filed an untimely objection (Docket Entry No. 63).
Nevertheless, having conducted a de novo review of the matter in accordance with Fed. R. Civ. P. 72(b), the Court agrees with the Magistrate Judge's recommendations. Accordingly,
(1) The Report and Recommendation (Docket Entry No. 59) is hereby ACCEPTED and APPROVED; and
(2) This action is hereby DISMISSED WITHOUT PREJUDICE because Plaintiff did not comply with the exhaustion requirement of 42 U.S.C. § 1997e(a) prior to filing this action.
The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58.
It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE