Opinion
Civil Action No. 2:08cv713-TMH.
January 13, 2009
ORDER
The Magistrate Judge filed a Recommendation (Doc. #23) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is
ORDERED that the RECOMMENDATION (Doc. #23) of the Magistrate Judge is ADOPTED. Defendant Giles' Motion for Summary Judgment (Doc. #12) is GRANTED. Plaintiff's 42 U.S.C. § 1983 claims against Defendant Giles are DISMISSED with prejudice for the reasons stated in the Magistrate Judge's Recommendation. The Motion to Dismiss (Doc. #15) by Defendants Peasent, Burks, and Correctional Medical Services is GRANTED. Plaintiff's 42 U.S.C. § 1983 claims against Defendants Peasent, Burks, and Correctional Medical Services are DISMISSED without prejudice due to Plaintiff's failure to exhaust his administrative remedies. An appropriate judgment will be entered.