BROOKS v. HILL et al

Filing 44

ORDER ACCEPTING 39 REPORT AND RECOMMENDATION; denying 43 MOTION for Appointment of Counsel. Signed by CHIEF JUDGE MARK E WALKER on 11/6/2018. The Clerk shall enter judgment stating, "Defendants' Motion to Dismis s, ECF No. 28 , is GRANTED. Plaintiff's complaint, ECF No. 1 is DISMISSED for failure to exhaust administrative remedies prior to filing the complaint. Plaintiff's motion for appointment of counsel, ECF No. 43 , is DENIED." The Clerk shall close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CLIFTON McNEIL BROOKS, SR., Plaintiff, v. Case No. 1:18cv43-MW/GRJ J. C. HILL and ERIK LANCASTER, Defendants. _________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 39, and has also reviewed de novo Plaintiff’s objections to the report and recommendation, ECF No. 42. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff’s objections, as this Court’s opinion. The Clerk shall enter judgment stating, “Defendants’ Motion to Dismiss, ECF No. 28, is GRANTED. Plaintiff’s complaint, ECF No. 1 is DISMISSED for failure to exhaust administrative remedies prior to filing the complaint. Plaintiff’s motion for appointment of counsel, ECF No. 43, is DENIED.” The Clerk shall close the file. SO ORDERED on November 6, 2018. s/Mark E. Walker ____ Chief United States District Judge

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