Opinion
Civil Action No. 03-0154.
September 9, 2005
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motion for summary judgment filed by defendants (Document No. 39) is hereby GRANTED, and this matter DISMISSED without prejudice for failure to exhaust administrative remedies. In the alternative, the defendants' motion for summary judgment on the merits is hereby GRANTED; this matter is DISMISSED with prejudice, and the motion for partial summary judgment filed by the plaintiff (Document No. 37) is hereby DENIED.
THUS DONE AND SIGNED.