MILLER v. FARLEY et al

Filing 39

ORDER ADOPTING 34 Report and Recommendations; GRANTING 17 Motion to Dismiss; DENYING AS MOOT 19 Motion for Documents and Records; DENYING AS MOOT 21 Motion for Court Order for Witnesses to Submit an Affidavit. Ordered by Judge Marc Thomas Treadwell on 5/9/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRACY R. MILLER,
Plaintiff,
v.
LIEUTENANT ADAM FARLEY, et al.,
Defendants.

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CIVIL ACTION NO. 5:11-CV-465(MTT)

ORDER
This matter is before the Court on the Recommendation of United States Magistrate
Judge Stephen Hyles. (Doc. 34). The Magistrate Judge recommends granting the
Defendants’ Motion to Dismiss (Doc. 17) because the Plaintiff failed to exhaust her
administrative remedies prior to filing this lawsuit. In light of that recommendation, the
Magistrate Judge further recommends denying all pending motions (Docs. 19 & 21) as moot.
The Plaintiff has filed an objection to the Recommendation. Pursuant to 28 U.S.C. §
636(b)(1), the Court has considered the Plaintiff’s objection and has made a de novo
determination of the portions of the Recommendation to which the Plaintiff objects.
The Recommendation is adopted and made the order of this Court. The Defendants’
Motion to Dismiss is granted, and this action is dismissed without prejudice. All other
pending motions are denied as moot.
SO ORDERED, this 9th day of May, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT