Summary
finding the direct grievance improper as it was on an improper form and it failed to clearly provide the reasons for bypassing the standard institutional process
Summary of this case from Jackson v. HillOpinion
Case No. 5:12cv259-MW/EMT
08-11-2015
ERIC SCOTT MYERS, Plaintiff, v. SERGEANT WATKINS, Defendant.
ORDER ACCEPTING SECOND REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Second Report and Recommendation, ECF No. 125, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 126. Accordingly,
IT IS ORDERED:
The second report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "Defendant Sergeant Watkins' motion for summary judgment, ECF No. 111, is GRANTED based upon Plaintiff's failure to properly exhaust administrative remedies as required under 42 U.S.C. § 1997e(a). Plaintiff's state law claims are DISMISSED without prejudice to his pursuing them in state court." The Clerk shall close the file.
SO ORDERED on August 11, 2015.
s/ Mark E. Walker
United States District Judge