Opinion
9:13-CV-613
04-18-2014
TERRENCE HEMBY, Plaintiff, v. DR. FERRARI, Clinton County Correctional Facility; DR. JOHNSON, Clinton County Correctional Facility; URSE BADGER, Clinton County Correctional Facility; DAMOUR, Nurse; and LASWAY, Nurse, Defendants.
,
Sr. U.S. District Judge
DECISION & ORDER
This pro se action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated March 21, 2014, recommended that Defendant's motion for summary judgment (Dkt. # 34) be granted without prejudice because Plaintiff failed to exhaust his administrative remedies before filing suit.
No objections to the Report-Recommendation have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report- Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation and GRANTS the Defendants' Motion for Summary Judgment (Dkt. #34) without prejudice.
IT IS SO ORDERED.
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Thomas J. McAvoy
Senior, U.S. District Judge