Grant v. Baxter

Full title: PEDRO J GRANT, Plaintiff, v. WILLIAM S BAXTER, et al., Defendants

Court: United States District Court, N.D. Florida, Gainesville Division

Date published: Mar 15, 2011

CASE NO. 1:09-cv-00104-MP-GRJ (N.D. Fla. Mar. 15, 2011)

Opinion

CASE NO. 1:09-cv-00104-MP-GRJ.

March 15, 2011

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 69, Report and Recommendation of the Magistrate Judge, recommending that the complaint bring a claim under 42 U.S.C. § 1983 be dismissed. The time for filing objections has passed, and none have been filed.

Plaintiff, who claimed that he was beaten by a prison staff member, admitted that he never filed a written grievance of any kind. He later claimed that he could not because he was mentally ill and on medications. However, during the 115 days he was at the facility, he was found to be competent in his criminal trial. The Court agrees with the Magistrate Judge that Mr. Grant thus has no excuse for failing to exhaust administrative remedies. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.

2. This case is dismissed with prejudice.

DONE AND ORDERED this 15th day of March, 2011