Opinion
CIVIL ACTION NO. 3:06-CV-257-MHT [WO].
March 7, 2008
ORDER
The magistrate judge filed a recommendation (Doc. #19) in this case to which no timely objections have been filed. After a review of the recommendation and after an independent and de novo review of the entire record, the court believes that the recommendation should be adopted. Accordingly, it is
ORDERED that:
(1) The recommendation (Doc. #19) of the magistrate judge is adopted.
(2) Defendant's motion for summary judgment (Doc. #9) is granted to the extent that defendant seeks dismissal of this case for plaintiff's failure to exhaust available administrative remedies.
(3) This case is dismissed without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a).
(4) No costs are taxed.
An appropriate judgment will be entered.