PIERRE v. KOLODZEIJ et al

Filing 46

ORDER adpoting Magistrate Judge's 44 Report and Recommendation. The motion to dismiss filed by Defendants Settlemires and Greger (Doc. 24 ) is GRANTED. Plaintiff's claims against Defendants Settlemires and Greger are DISMISSED without prejudice for failure to exhaust administrative remedies under 42 U.S.C. 1997e(a). This case is recommitted to the magistrate judge for further proceedings on Plaintiff's claims against Defendant Hattaway. Signed by JUDGE M CASEY RODGERS on 8/28/2024. (mb)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MARCAUREL A. PIERRE,
Plaintiff,
vs.

Case No.: 3:23cv12771/MCR/ZCB

COREY SETTLEMIRES, et al.,
Defendants.
_____________________/
ORDER
The magistrate judge issued a Report and Recommendation on July 31, 2024.
(Doc. 44).

The Court furnished the parties a copy of the Report and

Recommendation and afforded an opportunity to file objections pursuant to Title 28,
United States Code, Section 636(b)(1). There have been no timely filed objections.
Having considered the Report and Recommendation and the record, I have
determined the Report and Recommendation should be adopted.
Accordingly, it is ORDERED:
1.

The magistrate judge’s Report and Recommendation (Doc. 44) is

adopted and incorporated by reference in this order.
2.

The motion to dismiss filed by Defendants Settlemires and Greger

(Doc. 24) is GRANTED.
1

3.

Plaintiff’s claims against Defendants Settlemires and Greger are

DISMISSED without prejudice for failure to exhaust administrative remedies
under 42 U.S.C. 1997e(a).
4.

This case is recommitted to the magistrate judge for further proceedings

on Plaintiff’s claims against Defendant Hattaway.
DONE AND ORDERED this 28th day of August 2024.

M. Casey Rodgers

M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

2