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finding that administrative remedies were available to inmate where he was transferred out of facility where officer had threatened him
Summary of this case from Grant v. KoppOpinion
No. 04-CV-395 (TJM/DRH).
September 26, 2007
DECISION ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation and Order dated September 6, 2007 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein.
It is therefore,
ORDERED that
(1) Defendants' motion for summary judgment (Docket No. 36) is GRANTED as to defendants Duncan, Carpenter, VanGuilder, Mazzuca, Ercole, and Conklin and as to all of Newman's causes of action;
(2) The complaint is DISMISSED without prejudice as to defendant John Doe; and
(3) This action is TERMINATED in its entirety as to all defendants and all claims.