BEHENSKY v. DIXON

Filing 50

ORDER ADOPTING 49 REPORT AND RECOMMENDATION ; granting 28 Motion to Dismiss. Signed by JUDGE ALLEN C WINSOR on 3/5/2025. The clerk will enter a judgment that says, "Plaintiff's claims are dismissed without prejudice for failure to exhaust administrative remedies." The clerk will then close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
BRUCE BEHENSKY,
Plaintiff,
v.

Case No. 4:23-cv-323-AW-MAF

OFFICER J. JUISTI and
OFFICER BLASENGAIN,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Defendants moved to dismiss based on Plaintiff’s lack of PLRA exhaustion.
ECF No. 28. Plaintiff eventually responded in opposition. ECF No. 39. The
magistrate judge issued a report and recommendation concluding I should grant the
motion. ECF No. 49. Plaintiff has filed no objection to the report and
recommendation.
Having carefully considered the matter, I agree Plaintiff failed to exhaust. I
now adopt the report and recommendation and incorporate it into this order.1 The
motion to dismiss (ECF No. 28) is GRANTED. The clerk will enter a judgment that

1

Defendants raised defenses other than exhaustion. Although the magistrate
judge indicated that because of a failure to exhaust, “there is no reason to rule on the
other arguments raised by Defendants,” he went on to recommend dismissal “for
failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2).” ECF No. 49 at 21. I do
not adopt that portion of the report and recommendation, and I do not reach any of
Defendants’ arguments other than exhaustion.
1

says, “Plaintiff’s claims are dismissed without prejudice for failure to exhaust
administrative remedies.” The clerk will then close the file.
SO ORDERED on March 5, 2025.
s/ Allen Winsor
United States District Judge

2