Summary
granting Summary Judgment, based upon a failure to exhaust, notwithstanding the plaintiff's submission of numerous kites, in view of the plaintiff's failure to file a formal grievance, and appeal
Summary of this case from King v. DingleOpinion
Civil File No. 06-4574 (MJD/JSM).
September 30, 2008
Jim Adam Roth, pro se.
Margaret E. Jacot, Minnesota Attorney General's Office, Counsel for Defendants Nanette M. Larson, Jan Hanlon, Dr. David Paulson, Nola Karol, J. Carter, Fairbault Health Services, Department of Corrections, Jason Math, Connie Roehrich, Lt. Clifford, Lt. Sheila McShea, Sgt. Johnson, Officer Carol McHugo, Officer Vicky Polmann, Officer Tammy Thompson, Officer Persing, and Alice Remillard.
Charles A. Gross, Geraghty O'Loughlin Kenney, PA, Counsel for Defendants Judy Ellerbush, Dr. Greg Salmi, and Dr. Quanbeck.
No appearance on behalf of Defendant Dr. Craig L. Belcourt.
ORDER
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated August 6, 2008. [Docket No. 87] Plaintiff Jim Adam Roth filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation.
Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated August 6, 2008 [Docket No. 87].
2. Defendants' Motions to Dismiss [Docket Nos. 54 and 59] are GRANTED.
3. This action is DISMISSED WITHOUT PREJUDICE.