Filing 41

ORDER ADOPTING 40 Report and Recommendations; GRANTING 30 Motion to Dismiss; and GRANTING 34 Motion to Dismiss Complaint. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 6/25/2014. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION LAVARUS GLASS, Plaintiff, v. CYNTHIA NELSON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:13-CV-380 (MTT) ORDER Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle on the Defendants’ motions to dismiss. (Doc. 40). The Magistrate Judge recommends dismissing all but one of the Plaintiff’s claims for failure to exhaust administrative remedies. He further recommends that the remaining claim, an allegation of sexual assault by Officer Jonathan Felton, be dismissed for failure to state a claim for an Eighth Amendment violation. The Plaintiff has not objected to the Recommendation. The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Defendants’ motions to dismiss (Docs. 30; 34) are GRANTED and the complaint is DISMISSED without prejudice. SO ORDERED, this 25th day of June, 2014. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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