SMITH v. VAN et al

Filing 114

ORDER OF DISMISSAL - The report and recommendation is accepted and adopted as the court's opinion. The summary-judgment motions, ECF Nos. 88 and 89 , are treated as evidence-based motions to dismiss for failure to exhaust administrative remedies. The motions are granted. The clerk must enter judgment stating, "The complaint is dismissed for failure to exhaust administrative remedies." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 3/28/2018. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JAMES V. SMITH, JR.,
Plaintiff,
v.

CASE NO. 4:15cv53-RH/CAS

ADAM VAN et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s third report and
recommendation, ECF No. 112, and the objections, ECF No. 113. I have reviewed
de novo the issues raised by the objections. Upon consideration,
IT IS ORDERED:
1. The report and recommendation is accepted and adopted as the court’s
opinion.
2. The summary-judgment motions, ECF Nos. 88 and 89, are treated as
evidence-based motions to dismiss for failure to exhaust administrative remedies.
The motions are granted.

Case No. 4:15cv53-RH/CAS

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3. The clerk must enter judgment stating, “The complaint is dismissed for
failure to exhaust administrative remedies.”
4. The clerk must close the file.
SO ORDERED on March 28, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:15cv53-RH/CAS