Opinion
Case No. 05-72771.
July 28, 2006
ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [16]
This matter came before the Court on Magistrate Judge Steven D. Pepe's Report and Recommendation dated April 20, 2006. Being fully advised in the premises and having reviewed the pleadings, the Court finds that the Magistrate Judge reached the correct conclusions. Accordingly, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation. The Court GRANTS Defendant's Motion to Dismiss [6], DENIES Plaintiff's Motion to File and Amended Complaint [11], and DISMISSES the Complaint without prejudice for failure to exhaust administrative remedies.