Opinion
5:05-CV-222-SPM.
May 16, 2007
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
THIS CAUSE comes before the Court upon the magistrate judge's report and recommendation (doc. 139) filed May 1, 2007. The parties have been furnished a copy and have been afforded an opportunity to file objections. Plaintiff filed an objection on May 14, 2007 (doc. 142), which is simply a request that the case be dismissed without prejudice to his right to exhaust his administrative remedies.
Accordingly, it is
ORDERED AND ADJUDGED as follows:
1. The magistrate judge's report and recommendation (doc. 139) is adopted and incorporated by reference in this order.
2. Plaintiff's claims against defendants Nurse Ivey, Nurse Hall, Dr. Hughes, and Dr. Ciungu are dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to exhaust administrative remedies.
DONE AND ORDERED.