Opinion
NO. 3:08-0469.
December 8, 2008
ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 43), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved.
Accordingly, Defendants' Motion for Summary Judgment (Docket No. 20) is GRANTED, and this action is DISMISSED without prejudice for failure to exhaust administrative remedies. Plaintiff's Motion for Summary Judgment (Docket No. 28) is DENIED.
IT IS SO ORDERED.