Opinion
CASE NO. 4:14cv88-MW/CAS
11-04-2014
DAVID BLACK and DANIEL MITCHELL, Plaintiffs, v. CHRISTOPHER BRUNSON, GARY ANTHONY FORTNER, BRYAN CLARK, and MICHAEL WIMBERLEY, Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION AND REMANDING FOR EVIDENTIARY HEARING
This Court has considered, without hearing, the Magistrate's Report and Recommendation. ECF No. 26. Upon consideration, no objections having been filed,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The motion to dismiss of Defendants Fortner, Clark and Wimberley, ECF No. 17, is DENIED in part. Plaintiff Black's claims should not be dismissed pursuant to 42 U.S.C. § 1997e(e), nor should the complaint be dismissed because it was jointly filed. This cause is remanded for an evidentiary hearing on the issue of exhaustion of administrative remedies, the hearing to be held within 30 days of the date of this order.
SO ORDERED on November 4, 2014.
s/ Mark E. Walker
United States District Judge