Summary
finding failure to exhaust administrative remedies when "plaintiff did in fact file numerous Kites as well as several grievances and lawsuits unrelated to the claims in his complaint"
Summary of this case from Arellano v. OlsonOpinion
Case No. C17-5663-RBL-TLF
02-22-2019
SHAWN DALE NANEZ, Plaintiff, v. KAREN DANIELS, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS MATTER is before the Court on the Report and Recommendation of Magistrate Judge Theresa L. Fricke [Dkt. #33], and the underlying record.
(1) The Report and Recommendation is ADOPTED.
(2) Defendants' motion for summary judgment is GRANTED and this action is DISMISSED without prejudice for failure to exhaust administrative remedies.
(3) If Nanez appeals, his in forma pauperis status will continue; and
(4) The Clerk of Court is directed to send copies of this Order to Plaintiff and to Judge Fricke.
IT IS SO ORDERED.
Dated this 22nd day of February, 2019.
/s/_________
Ronald B. Leighton
United States District Judge