Opinion
Civil Action No. 07-823.
April 9, 2008
MEMORANDUM ORDER
On June 18, 2007, Plaintiff filed a Motion to Proceed In Forma Pauperis and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation filed on April 3, 2008 (doc. no. 27) recommended that the Motion to Dismiss filed by Defendant Fayette County Prison (doc. no. 17) be granted on the basis that the Plaintiff failed to have exhausted his available administrative remedies. Plaintiff filed Objections, which he titled as "Declaration" in opposition to the Report and Recommendation on April 7, 2008 (doc. no. 28). The Objections do not affect the disposition recommended in the Report and Recommendation.
After de novo review of the pleadings and documents in the case, together with the report and recommendation and the objections thereto, the following order is entered: AND NOW, this 9th day of April, 2008;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Fayette County Prison (doc. no. 17) is GRANTED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 27) of Magistrate Judge Lenihan, dated April 3, 2008, is ADOPTED as the opinion of the court.
IT IS FURTHER ORDERED that the Clerk of Court mark this action CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.