Summary
dismissing claims against unserved defendants sua sponte under § 1915(e) based upon the fully-developed record that showed that all claims not barred by the statute of limitations were subject to dismissal under the PLRA based on plaintiff's failure to exhaust administrative remedies
Summary of this case from Watson v. Cozza-RhodesOpinion
Case No. CIV-05-1294-F.
January 31, 2008
ORDER
Plaintiff, a federal prisoner appearing pro se whose pleadings are liberally construed, brings this action pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging violations of his constitutional rights. On December 27, 2007, Magistrate Judge Valerie K. Couch issued her Report and Recommendation (doc. no. 228), recommending that the motions to dismiss of the Scibana Defendants as supplemented (doc. nos. 91/214), Defendant Molskness as supplemented (doc. nos. 148/197), and Defendant Engle (doc. no. 118), be granted. The Report recommended a determination that all claims asserted in plaintiff's Complaint are either time-barred or subject to dismissal without prejudice for failure to exhaust administrative remedies. The Report recommended that all claims against the unresponsive Defendants (Jordan, McNerney, Luche, Molina, Feltz, Fowner, McCorkall, Jones, Maize, and Peterson) and unserved Defendants (Castro and Lee) be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii) and 42 U.S.C. § 1997e(c)(1). The Report further recommended that Plaintiff's motions for entry of default judgment (doc. nos. 188, 224) and motions for injunctive relief (doc. nos. 211, 216) be denied.
On January 7, 2008, plaintiff filed a "Motion for Reconsideration" (doc. no. 229), which is construed as an objection to all matters covered in Magistrate Judge Couch's Report and Recommendation. Accordingly, the court has reviewed all matters covered in the Report de novo.
Having concluded that review, and after careful consideration of plaintiff's objections, the record, and the relevant authorities, the court finds that it agrees with the Report of the magistrate judge and that no purpose would be served by stating any further analysis here.
Accordingly, the Report and Recommendation of Magistrate Judge Couch is ACCEPTED, ADOPTED, and AFFIRMED in its entirety. The motions to dismiss of the Scibana Defendants as supplemented (doc. nos. 91/214), Defendant Molskness as supplemented (doc. nos. 148/197), and Defendant Engle (doc. no. 118) are GRANTED. The court finds and concludes that all claims asserted in plaintiff's Complaint are either time-barred or subject to dismissal without prejudice for failure to exhaust administrative remedies. All claims against the unresponsive Defendants (Jordan, McNerney, Luche, Molina, Feltz, Fowner, McCorkall, Jones, Maize, and Peterson) and unserved Defendants (Castro and Lee) are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii) and 42 U.S.C. § 1997e(c)(1). Finally, plaintiff's motions for entry of default judgment (doc. nos. 188, 224) and motions for injunctive relief (doc. nos. 211, 216) are DENIED.