Opinion
CASE NO: 1:09-cv-53 (WLS)
12-21-2011
TARENT BRYANT, Plaintiff, v. TERRY DUFFEY, et al., Defendants.
ORDER
Before the Court is a Report and Recommendation from U.S. Magistrate Judge Thomas Q. Langstaff, filed November 16, 2011. (Doc. 146). It is recommended that Plaintiff's Motion for Summary Judgment (Doc. 114) be denied and that Defendants Duffy, Allen, Counselor Williams, and Railey's Motion to Dismiss (Doc. 140) Plaintiff's 42 U.S.C. § 1983 claims (see Docs. 3, 6, 22) be granted for failure to exhaust administrative remedies. (Doc. 146 at 6).
The Report and Recommendation provided the Parties with fourteen (14) days from the date of its service to file written objections to the recommendations therein. (Id. at 6, 7). The period for filing objections expired on Monday, December 3, 2011; no objections have been filed to date. (See Docket).
The Parties were given an additional three days because service was made by mail. See Fed. R. Civ. P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address).
Because the actual deadline for filing objections—Saturday, December 1, 2011—fell on a weekend, the deadline was extended to Monday, December 3, 2011. See Fed. R. Civ. P. 6(a)(1)(C).
In view of the absence of any objections from the record of this case, the Court's consideration of the record of the case as a whole, and the Court's determination of the reasonableness of the findings of the Recommendation, U.S. Magistrate Judge Langstaff's November 16, 2011 Report and Recommendation (Doc. 146) is ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Plaintiff's Motion for Summary Judgment (Doc. 114) is DENIED, and Defendants Duffy, Allen, Counselor Williams, and Railey's Motion to Dismiss (Doc. 140) is GRANTED. As there are no remaining Defendants in this case, Plaintiff's case is DISMISSED in its entirety.
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HONORABLE W. LOUIS SANDS ,
UNITED STATES DISTRICT COURT