Opinion
5:09-cv-00332-JMM-JJV.
September 13, 2010
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. The Motion for Partial Summary Judgment (Doc. No. 35) filed by Defendants is GRANTED;
2. The claims against Defendants Farver and Baker are DISMISSED without prejudice for failure to exhaust administrative remedies; and
3. The official capacity claims against Defendants Clark and Parker are DISMISSED with prejudice.
DATED this 13 day of September, 2010.