Summary
recommending a finding that the plaintiff properly exhausted where one grievance was rejected for not attaching prior grievances and responses because despite the plaintiff's diligent attempts to exhaust, "prison officials requested additional unnecessary documents, denied grievances, and frustrated plaintiff's attempts to exhaust his administrative remedies"
Summary of this case from Mayo v. WilliamsOpinion
3:11-cv-00100-ECR-VPC
02-21-2012
EDWAN THURMOND, Plaintiff, v. DARIN COOL, ET AL., Defendant.
Order
On January 9, 2012, the Magistrate Judge filed a Report and Recommendation (#17) recommending that Defendant Darin Cool's Motion to Dismiss (#10) be denied because Plaintiff's failure to exhaust administrative remedies was a result of intentional or inadvertent obstruction of his attempts to exhaust those remedies. No objections were timely filed. The Report & Recommendation (#17) is well taken, and is, therefore, APPROVED AND ADOPTED. Defendant's Cool's Motion to Dismiss (#10) is DENIED .
This matter is referred to the Magistrate Judge for purposes of issuing a Scheduling Order.
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UNITED STATES DISTRICT JUDGE