From Casetext: Smarter Legal Research

ORY v. McHUGH

United States District Court, N.D. Florida, Panama City Division
Jul 14, 2008
Case No.: 5:07cv291/MCR/EMT (N.D. Fla. Jul. 14, 2008)

Summary

dismissing case with prejudice where inmate never filed or attempted to file timely or untimely grievance and would be time-barred from doing so under Florida's administrative rules

Summary of this case from Myers v. Watkins

Opinion

Case No.: 5:07cv291/MCR/EMT.

July 14, 2008


ORDER


This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 4, 2008. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. This cause is DISMISSED with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

DONE AND ORDERED.


Summaries of

ORY v. McHUGH

United States District Court, N.D. Florida, Panama City Division
Jul 14, 2008
Case No.: 5:07cv291/MCR/EMT (N.D. Fla. Jul. 14, 2008)

dismissing case with prejudice where inmate never filed or attempted to file timely or untimely grievance and would be time-barred from doing so under Florida's administrative rules

Summary of this case from Myers v. Watkins
Case details for

ORY v. McHUGH

Case Details

Full title:MICHAEL JOHN ORY, Plaintiff, v. FRANK T. McHUGH, ARNP, Defendant

Court:United States District Court, N.D. Florida, Panama City Division

Date published: Jul 14, 2008

Citations

Case No.: 5:07cv291/MCR/EMT (N.D. Fla. Jul. 14, 2008)

Citing Cases

Myers v. Watkins

s); Simpson v. Holder, 200 F. App'x 836, 840 (11th Cir. 2006) (unpublished) (affirming district court's…

Carlson v. Parry

First, he conceded that Parry never directly threatened him regarding the grievance procedures or ever even…