Velez v. Owens et al

Filing 34

ORDER adopting 31 Report and Recommendations; denying 25 Motion to Dismiss as to the statue of limitations defense but granting based on Plaintiff's failure to exhaust his administrative remedies. Plaintiff's complaint is dismissed without prejudice, based on his failure to exhaust his administrative remedies. The Clerk is directed to enter the appropriate judgment of dismissal and to close this case. Signed by Judge J. Randal Hall on 05/14/2015. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION JOSE ANTONIO VELEZ, Plaintiff, CIVIL ACTION NO.: CV614-074 v. BRUCE CHATMAN; DOUG WILLIAMS; JOHN PAUL; MAJOR JOHN DOE; MAJOR JANE DOE; CAPTAIN JOHN DOE; CAPTAIN JANE DOE; LIEUTENANT JOHN DOE; LIEUTENANT JANE DOE; SERGEANT JOHN DOE; SERGEANT JANE DOE; and DORM CORRECTIONS OFFICERS ON DUTY MAY 16,2012, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which no Objections have been filed. Plaintiffs claims against the John/Jane Doe Defendants and the dorm corrections officers on duty on May 16, 2012, are DISMISSED based on Plaintiffs failure to provide the Court with the identities of these individuals. The unopposed Motion to Dismiss filed by Defendants Bruce Chatman, Doug Williams, and John Paul ("Movants"), (Doc. 25), is DENIED as to the statute of limitations defense but GRANTED based on Plaintiffs failure to exhaust his administrative remedies. Plaintiffs Complaint is DISMISSED, without prejudice, based on his failure to exhaust his administrative remedies. The Clerk of Court is directed to enter the appropriate judgment of dismissal and to CLOSE this case. is j£l SO ORDERED, this day of J. RANDAL'HALL PATES DISTRICT JUDGE DISTRICT OF GEORGIA

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