Filing 34

REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that Defendant'smotion to dismiss, doc. 27 , be GRANTED, that Plaintiff's fourth amended complaint,doc. 18 , be DISMISSED as barred by res judicata and because Plaintiff failed to timely exhaust administrative remedies, and that Plaintiff be ORDERED to SHOW CAUSE why judgment should not be entered against him for Defendant's costs and expenses,including attorney's fees, and the case be REMANDED to consider the remaining issues identified above. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 10/20/2010. Internal deadline for referral to district judge if objections are not filed earlier: 11/17/2010. (dlt)

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