Opinion
CASE NO. 4:12-CV-110-MW/CAS
04-26-2013
LOUIS JAMES STRIANESE Plaintiff v. KENNETH TUCKER, Defendant.
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
The Court has considered the Magistrate's Report and Recommendation, ECF No. 48, filed April 5, 2013. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the Court's opinion. The Clerk shall enter judgment stating, "The Defendant's motion to dismiss, ECF No. 38, is GRANTED. This cause is DISMISSED for failure to exhaust administrative remedies pursuant to 42 U.S.C. §1997(e) and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §1915(e)(2)." The Clerk shall note on the docket this cause was dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(ii). The Clerk shall close the file.
Mark E. Walker
United States District Judge