Opinion
Civil Action 5:22-cv-00282-TES-MSH
01-04-2024
QUAMELL MALIK GLOVER, Plaintiff, v. LIEUTENANT FULLER, et al., Defendants.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
TILMAN E. SELF, III, JUDGE
Before the Court is the United States Magistrate Judge's Report and Recommendation (“R&R”) [Doc. 92], recommending that the Court grant Defendants' Motion for Summary Judgment [Doc. 87] and dismiss Plaintiff's claims for failure to exhaust administrative remedies. On December 11, 2023, Plaintiff requested that the magistrate judge grant him an extension to file an objection on “a much later date.” [Doc. 93, p. 1]. The magistrate judge granted in part and denied in part this motion, giving Plaintiff until December 27, 2023, to object to the R&R. [Doc. 94].
Because exhaustion of administrative remedies is a matter in abatement, the magistrate judge construed the Motion for Summary Judgment as a motion to dismiss. [Doc. 87, p. 3 (citing Bryant v. Rich, 530 F.3d 1368, 1374-75 (11th Cir. 2008)].
Plaintiff did not file an objection by the extended deadline, so the Court reviews the R&R for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed.R.Civ.P. 6(a)(1) & (d). Having reviewed the R&R [Doc. 92], the Court ADOPTS it and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment [Doc. 87] and DISMISSES Plaintiff Quamell Malik Glover's claims without prejudice.
SO ORDERED.