Gary v. Owens et al

Filing 33

ORDER ADOPTING 32 Report and Recommendations and GRANTING 15 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 3/9/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION Carlton Michael GARY, Plaintiff, v. Brian OWENS, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 5:10-CV-61 (MTT)

ORDER This matter is before the Court on the Recommendation to Grant (Doc. 32) (the "Recommendation") of United States Magistrate Judge Charles H. Weigle. The Magistrate Judge, having reviewed the Defendants' Motion to Dismiss (Doc. 15) (the "Motion"), recommends granting the Motion because the Plaintiff did not completely exhaust his available administrative remedies before filing this action. The Plaintiff did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Motion is GRANTED. SO ORDERED, this the 9th day of March, 2011.

S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT