Opinion
4:23-CV-01031-BRW-JTK
03-15-2024
JOSEPH SMITH PLAINTIFF v. SERENITY ACKER-WYNN, et al. DEFENDANTS
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE
I have reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Jerome T. Kearney. No objections have been filed. After careful consideration, I approve and adopt the Proposed Findings and Recommended Disposition in all respects.
IT IS, THEREFORE, ORDERED THAT:
1. Defendant Acker-Wynn's Motion for Summary Judgment on the issue of exhaustion (Doc. No. 13) is GRANTED;
2. Plaintiff's claims against Defendant Acker-Wynn are DISMISSED without prejudice for failure to exhaust administrative remedies;
3. Plaintiff's Complaint (Doc. No. 2) is DISMISSED without prejudice;
4. I certify that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).