Chaney v. Fozzard

Full title: NEKYLE A. CHANEY, Plaintiff, v. G. FOZZARD, Defendant

Court: United States District Court, D. Colorado

Date published: Jan 3, 2006

Civil Action No. 04-N-1952 (OES) (D. Colo. Jan. 3, 2006)

Opinion

Civil Action No. 04-N-1952 (OES).

January 3, 2006

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

EDWARD NOTTINGHAM JR., District Judge

This matter is before the court on the "Recommendation of United States Magistrate Judge" filed December 14, 2005. No party has objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is

ORDERED as follows:

1. The recommendation is ACCEPTED.

2. Defendant's Motion to Dismiss is GRANTED in part. This case is dismissed without prejudice in its entirety for Plaintiff's failure to exhaust his administrative remedies.

3. The remaining arguments for dismissal in the Motion to Dismiss are DENIED as moot.