Summary
finding non-exhaustion against a particular defendant where "[t]he record now before the court reflects that while plaintiff has articulated complaints regarding the Whittier incident on several occasions, both verbally and in writing, none referenced [that particular defendant]."
Summary of this case from Toomer v. County of Nassau, Nassau County Cor. Ctr.Opinion
No. 9:05-CV-01284.
March 12, 2009
DECISION ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In a Report and Recommendation dated December 12, 2008, Magistrate Judge Peebles recommended that Defendants' motions for summary judgment [dkt. # 63 dkt. # 64] be granted and that all remaining claims in the action be dismissed. Plaintiff has filed objections to the recommendation.
II. STANDARD OF REVIEW
III. DISCUSSION
de novo See28 U.S.C. § 636Id. de novo
ORDERED that Defendants' motions for summary judgment [dkt. # 63 dkt. # 64] are GRANTED and all remaining claims in the action are DISMISSED. The Clerk of the Court is instructed to mark the file in this matter as closed.
IT IS SO ORDERED.