PHILLIPS v. DEAL et al

Filing 58

ORDER ADOPTING 43 Report and Recommendations; GRANTING 28 Motion to Dismiss Complaint and GRANTING 35 Motion to Dismiss Complaint. Plaintiffs claims against Defendants Harrell, McClain, and Oster are accordingly DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/28/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JAMES MANUEL PHILLIPS,
Plaintiff,
v.
NATHAN DEAL, et al.,
Defendant.

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CIVIL ACTION NO. 5:15-CV-249(MTT-CHW)

ORDER
United States Magistrate Judge Charles Weigle recommends granting Defendant
Harrell’s and Defendant McClain’s joint motion to dismiss (Doc. 28) and Defendant
Oster’s motion to dismiss (Doc. 35), which seek dismissal of all of the Plaintiff’s claims
against them in this action. (Doc. 43). The Magistrate Judge recommends granting the
motions to dismiss because the Plaintiff failed to exhaust his administrative remedies as
to his claims against these Defendants. (Id. at 1). The Plaintiff has not filed an
objection to the Recommendation, and the time for doing so has expired.1
The Court has carefully reviewed the Magistrate Judge’s Recommendation and,
agreeing with it, ADOPTS it as the order of the Court. The Defendants’ motions to
dismiss are GRANTED. Plaintiff’s claims against Defendants Harrell, McClain, and
Oster are accordingly DISMISSED without prejudice.
SO ORDERED, this 28th day of September, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
1

On August 16, 2016, the Court, in response to a motion by the Defendant (Doc. 48) seeking an
extension of time to file an objection, granted the Defendant until September 6, 2016 to file his objection
(Doc. 49). In response to a second motion for extension (Doc. 50), the Court granted the Defendant until
September 19, 2016 to file his objection (Doc. 51). The Court has still not received an objection.