Opinion
1:21CV13
03-14-2023
KENNETH JOHNSON, Plaintiff, v. OFFICER. J. SMITH, et al., Defendants.
ORDER
LORETTA C. BIGGS, UNITED STATES DISTRICT JUDGE
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) and, on January 31, 2023, was served on the parties in this action. (ECF Nos. 26, 27.) Plaintiff filed objections to the Magistrate Judge's Recommendation, to which Officer Smith responded. (See ECF Nos. 28, 29).
The Court has appropriately reviewed the Magistrate Judge's Recommendation and has made a de novo determination in accord with the Magistrate Judge's Recommendation. The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that “Defendant Officer J. Smith's Motion for Summary Judgment as to All Claims”, (ECF No. 20), is GRANTED as follows: Plaintiff's medical deliberate indifference claim is DISMISSED without prejudice for failure to exhaust administrative remedies and summary judgment is entered in favor of Officer Smith on Plaintiff's remaining claims.
A Judgment will be entered contemporaneously with this Order.