Cain v. Dretke

Full title: GERALD CAIN, II v. DOUG DRETKE, ET AL

Court: United States District Court, S.D. Texas, Corpus Christi Division

Date published: Jun 13, 2006

C.A. No. C-04-364 (S.D. Tex. Jun. 13, 2006)

Opinion

C.A. No. C-04-364.

June 13, 2006

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

HAYDEN HEAD, Chief Judge

On May 3, 2006, the United States Magistrate Judge filed her Memorandum and Recommendation in this cause (D.E. 85). After ample opportunity, no objections have been filed by either party. This Court regards such omission as each party's agreement with and acceptance of the Magistrate Judge's findings of fact and conclusions of law. Having reviewed the pleadings on file, the Court finds no clear error in the Magistrate Judge's memorandum and recommendation. Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996). This Court adopts as its own the findings and conclusions of the Magistrate Judge.

Accordingly, defendant's motion to dismiss for failure to exhaust administrative remedies (D.E. 77) is denied.

ORDERED.