DIMANCHE v. BROWN

Filing 83

ORDER ADOPTING REPORT AND RECOMMENDATION re 81 Report and Recommendation; granting 74 Motion to Dismiss. Signed by SENIOR JUDGE STEPHAN P MICKLE on 6/6/2012. Plaintiffs amended complaint (doc. 8 ) is dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e) and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The clerk is directed to note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (kdm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MOLIERE DIMANCHE, JR.,
Plaintiff,
vs.

CASE NO. 4:11-cv-533-SPM/CAS

COLONEL JERRY BROWN, et al.,
Defendants.
___________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Report and Recommendation (doc. 81). Plaintiff filed objections (doc.
82). Upon consideration, and despite Plaintiff’s objections, I have determined
that the Report and Recommendation is correct and should be adopted.
Defendants filed a motion to dismiss, asserting that Plaintiff failed to
exhaust administrative remedies. The Report and Recommendation states, and
this Court agrees, that because Plaintiff failed to exhaust administrative
remedies, the motion to dismiss must be granted. Accordingly, it is
ORDERED and ADJUDGED:
1.

The Magistrate Judge’s Report and Recommendation (doc. 81) is
adopted and incorporated by reference into this order.

2.

Defendants’ motion to dismiss (doc. 74) is granted.

3.

Plaintiff’s amended complaint (doc. 8) is dismissed for failure to
exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e)
and for failure to state a claim upon which relief may be granted
pursuant to 28 U.S.C. § 1915(e)(2).

4.

The clerk is directed to note on the docket that this case was
dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

DONE AND ORDERED this 6th day of June, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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