Opinion
1:23-cv-440
09-10-2024
CORNELIUS COREY, Plaintiff, v. JOSHUA DENNIS, Unit Manager of Falls Unit, KENNETH C. MARTINELLI, Sergeant of Falls Unit, ZACHARY GUTHRIE, Captain, NICHOLAS KEAGAN, Assistant Unit Manager of Falls Unit, Defendants.
ORDER
This matter is before the court for review of the Order and Recommendation (“Recommendation”) filed on June 27, 2024, by the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 23.) In the Recommendation, the Magistrate Judge recommends that Defendants' motion to dismiss pursuant to Rule 12(b)(6) be converted to a motion for summary judgment pursuant to Rule 56 and granted, and that this action be dismissed without prejudice. The Recommendation was served on the parties to this action on June 27, 2024. (Doc. 24). Plaintiff filed timely objections to the Recommendation. (Doc. 25.)
This court is required to “make a de novo determination of those portions of the [Magistrate Judge's] report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the [M]agistrate [J]udge. . . . [O]r recommit the matter to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 23), is ADOPTED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss all Claims for Failure to Exhaust Administrative Remedies, (Doc. 15), is converted to a Motion for Summary Judgment and is hereby GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED OUT PREJUDICE.
A Judgment dismissing this action is filed contemporaneously herewith.