PAVAO v. SIMS

Filing 84

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (doc. 78 ) is ADOPTED and incorporated by reference into this order. The defendant's motion to dismiss (doc. 52 ) is GRANTED. The plaintiff's complaint (doc. 1 ) and this case are DISMISSED for failure to properly exhaust administrative remedies. The clerk shall enter judgment stating: "All claims are dismissed for failure to properly exhaust administrative remedies.". Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/30/2015. (sac)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JOHN PAVAO,
Plaintiff,
v.

5:13cv233-WS

OFFICER SIMS,
Defendant.

ORDER ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc.
78) docketed February 18, 2015. The magistrate judge recommends that the case
be dismissed for failure to exhaust administrative remedies. The plaintiff, John
Pavao, twice moved (docs. 79 & 81) to extend the time to file objections. Those
motions were denied by the magistrate judge because the motions presented no
relevant grounds for granting an extension. Although, to date, Pavao has not filed
objections to the report and recommendation, he has filed a “Motion to the Court”
(doc. 82), which—for the most part—describes events that are unrelated to the
allegations made in the complaint in this case. At the end of his “Motion to the

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Court,” Pavao asks the question: “How can I [follow the proper grievance
procedure] if A.C.I. prison does not respond to what I send them [and] officers
keep you from geting [sic] the proper forms and supies [sic] to grieve properly?”
Pavao does not otherwise address the exhaustion issue. This court has construed
Pavao’s “Motion to the Court” as objections to the magistrate judge’s report and
recommendation.
The court has carefully reviewed the defendant’s motion to dismiss (doc.
52), Pavao’s response in opposition thereto (doc. 59), the magistrate judge’s report
and recommendation (doc. 78), and Pavao’s “Motion to the Court.” Such review
has convinced this court that the magistrate judge’s report and recommendation
should be adopted. Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation is ADOPTED and
incorporated by reference into this order.
2. The defendant’s motion to dismiss (doc. 52) is GRANTED.
3. The plaintiff’s complaint and this case are DISMISSED for failure to
properly exhaust administrative remedies.
4. The clerk shall enter judgment stating: “All claims are dismissed for
failure to properly exhaust administrative remedies.”
DONE AND ORDERED this 30th

day of

March

, 2015.

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s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE