Battle v. Chatman et al

Filing 26

ORDER granting 20 Motion to Dismiss; adopting Report and Recommendations re 23 Report and Recommendations. Ordered by Judge Hugh Lawson on 1/14/2010. (nbp)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION C L E AV O N LAMAR BATTLE, P l a i n t if f , v. B R U C E CHATMAN, et al., D e fe n d a n ts . ______________________________ : : : : : : : : :

C iv il Action No. 5:09-CV-104 (HL)

ORDER T h is matter is before the Court on the Recommendation of United States M a g is tra te Judge Claude W . Hicks Jr., entered on December 21, 2009 (Doc. 23). The M a g is tra te Judge has recommended that Defendants' Motion to Dismiss (Doc. 20) be g ra n te d , and Plaintiff's complaint under 42 U.S.C. § 1983 be dismissed for failure to e xh a u s t administrative remedies. Plaintiff has filed an Objection (Doc. 24) to the R e c o m m e n d a tio n . After making a de novo review of the Recommendation and considering the O b je c tio n , the Court finds that the Objection has no merit. The Court accepts and a d o p t s the findings, conclusions, and recommendations of the Magistrate Judge. Defendants' Motion to Dismiss (Doc. 20) is granted, and Plaintiff's complaint is d is m is s e d without prejudice.

SO ORDERED, this the 14 th day of January, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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