Opinion
CIVIL ACTION NO. 3:07cv152-WHA (WO).
December 23, 2008
ORDER
No timely objection having been filed by the Plaintiff to the Recommendation of the Magistrate Judge (Doc. #26), filed on December 2, 2008, the court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows:
1. Defendants' Motion for Summary Judgment (Doc. #11) is GRANTED to the extent that Defendants seek dismissal of this case due to Plaintiff's failure to exhaust an administrative remedy.
2. This case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a).