MIDDLETON v. MAY

Filing 87

ORDER DISMISSING CLAIMS AGAINST THE DEFENDANTS BOCKELMAN AND MILLENDER. ACCEPTING REPORT AND RECOMMENDATION. GRANTING 52 Motion to Dismiss. Signed by JUDGE ROBERT L HINKLE on 9/23/09. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JEFFERY RASHAD MIDDLETON, Plaintiff, v. SCOTT G. MAY et al., Defendants. _______________________________________/ ORDER DISMISSING CLAIMS AGAINST THE DEFENDANTS BOCKELMAN AND MILLENDER This case is before the court on the magistrate judge's second report and recommendation (document 79) and the objections (document 86). I have reviewed de novo the issues raised by the objections. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court's opinion. The defendant Lance Bockelman's motion to dismiss (document 52), as adopted by defendant Robert R. Millender (see document 63), is GRANTED. The claims against these defendants are dismissed for failure to exhaust administrative remedies. I do not direct the entry of judgment under Federal Rule of Civil CASE NO. 4:08cv452-RH/WCS

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Procedure 54(b). The case is remanded to the magistrate judge for further proceedings. SO ORDERED on September 23, 2009. s/Robert L. Hinkle United States District Judge

Case No: 4:08cv452-RH/WCS