Opinion
CIVIL 1:21-cv-320
02-28-2023
ORDER
Robert D. Mariani, United States District Judge
AND NOW, this 28th of February, 2023, upon consideration of Defendants' motion (Doc. 48) for summary judgment, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 48) for summary judgment on the basis of failure to exhaust administrative remedies is DENIED.
2. The motion (Doc. 48) is GRANTED in all other respects.
3. The Clerk of Court is directed to ENTER judgment in favor of Defendants and against Plaintiff.
4. The Clerk of Court is further directed to CLOSE this case.
5. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).