Opinion
Civil 3:21-cv-1413
05-09-2022
ORDER
ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE
AND NOW, this 9th Jay of May, 2022, upon consideration of Defendants' motion (Doc. 5) to dismiss or, in the alternative, for summary judgment, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 5) is treated as a motion for summary judgment with respect to exhaustion of administrative remedies and is GRANTED. The Clerk of Court is directed to ENTER judgment in favor of Defendants and against Plaintiff.
2. The motion (Doc. 5) to dismiss is GRANTED in all other respects.
3. The Clerk of Court is directed to CLOSE this case.
4. Any appeal from this Order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).