Opinion
Civil Action 5:22-cv-00423-TES-CHW
07-23-2024
CHARLES F. TUCKER, Plaintiff, v. Warden LAWRENCE WHITTINGTON, et al., Defendants.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is the United States Magistrate Judge's Order and Recommendation (“O&R”) [Doc. 33], recommending that the Court grant Defendant Warden Lawrence Whittington's Motion for Judgment on the Pleadings [Doc. 20] and dismiss Plaintiff Charles Tucker's claims for failure to exhaust administrative remedies.Because Plaintiff did not file a timely objection, the Court reviews the O&R for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed.R.Civ.P. 6(a)(1) & (d). Having reviewed the O&R [Doc. 33], the Court ADOPTS it and MAKES IT THE ORDER OF THE COURT. Accordingly, the Court GRANTS Defendant's Motion for Judgment on the Pleadings [Doc. 20] and DISMISSES Plaintiff's claims without prejudice.
As a result, because Plaintiff has no remaining claims and discovery is no longer warranted, the magistrate judge denied as futile the parties' respective motions for an extension of time to complete discovery. [Doc. 33, p. 9]; see [Doc. 21]; [Doc. 31].
SO ORDERED,