ABANIFI v. OUBRE et al

Filing 39

ORDER ADOPTING 35 Report and Recommendations and GRANTING 26 Motion to Dismiss. 1 Plaintiff's Complaint is DISMISSED. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 1/28/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EMEKA MICHAEL ABANIFI, JR.,
Plaintiff,
v.
Warden SHEILA OUBRE, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-421 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 35). The Magistrate Judge, having
reviewed the Defendants’ motion to dismiss (Doc. 26), recommends granting the motion
because the Plaintiff failed to exhaust his available administrative remedies pursuant to
42 U.S.C. § 1997e(a) on either of his claims. The Plaintiff filed an objection to the
Recommendation. (Doc. 37).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff’s
objections and has made a de novo determination of the portions of the
Recommendation to which the Plaintiff objects. The Plaintiff fails to respond to the
recommendation that his claims be dismissed for failure to exhaust his administrative
remedies and, instead, states that “[i]t is clear that [his] rights were violated.” (Doc. 37
at 1). The Court accepts and adopts the findings, conclusions and recommendations of
the Magistrate Judge, and the Recommendation is adopted and made the order of this
Court. The Defendants’ motion is GRANTED, and the Plaintiff’s complaint is
DISMISSED.

SO ORDERED, this the 28th day of January, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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