MCGEE v. TIFFT, et al

Filing 75

ORDER approving 68 Report and Recommendation. 7 Plaintiffs First amended Complaint is DISMISSED for failure to exhaust administrative remedies under Plaintiffs alternative theory of exhaustion, unavailability. Judgment in favor of Defendants remains in effect. The Clerk is directed to close the case. Signed by JUDGE RICHARD SMOAK on 5/8/2013. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
BERNARD C. McGEE,
Plaintiff,
v.

CASE NO. 5:11-cv-80-RS-GRJ

TIFFT, et al.,
Defendants.
_________________________________/
ORDER
Before me are the Magistrate Judge’s Report and Recommendation (Doc.
68) and Plaintiff’s Objections (Doc. 73). I have reviewed Plaintiff’s Objections de
novo.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is
approved and incorporated in this Order.

2.

Plaintiff’s First amended Complaint (Doc. 7) is DISMISSED
for failure to exhaust administrative remedies under Plaintiff’s
alternative theory of exhaustion, unavailability.

3.

Judgment in favor of Defendants remains in effect.

4.

The Clerk is directed to close the case.

ORDERED on May 8, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE