Opinion
Case No. 05-74660.
December 4, 2006
ORDER ADOPTING MAGISTRATE'S REPORT RECOMMENDATION [D/E # 15], DENYING DEFENDANT ANDREW JACKSON'S MOTION TO DISMISS [D/E # 12]
Before the Court is the Magistrate Judge's Report and Recommendation addressing Defendant's motion to dismiss pursuant to 42. U.S.C. § 1997e(a) for Plaintiff's failure to exhaust administrative remedies.
Having reviewed Defendant's motion, the Magistrate's Report and Recommendation, Defendant's Objections to the Report and Recommendation, and Plaintiff's Objections to Defendant's Objections this Court ACCEPTS AND ENTERS the Magistrate's Reports and Recommendations as the findings and conclusions of the Court. Defendant's Objections simply recycle the same arguments presented in their motion to dismiss. Accordingly, Defendant's Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that Plaintiff, presently proceeding in propria persona in this matter, would greatly benefit from the assistance of counsel. Thus, this Court shall seek counsel to be appointed to assist in presenting Plaintiff's claims. Once pro bono counsel has been appointed, Plaintiff's attorney will be permitted to file an amended complaint within a reasonable amount of time.