Daniels v. Allen et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS 61 of the U.S. Magistrate Judge as opinion of this Court Granting 57 Motion to Dismiss filed by Joseph Hutcheson, Trevonza Bobbitt, Marty Allen. Plaintiff's Complaint is Dismissed without prejudice and the Plaintiff is denied in forma pauperis status on appeal. Signed by District Judge R. Stan Baker on 4/29/20. (jrb)

Case 6:17-cv-00045-RSB-BWC Document 62 Filed 04/29/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

XAVIER DANIELS,
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-45

v.
WARDEN MARTY ALLEN, et al., in their
individual capacities,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned concurs with
the Magistrate Judge’s Report and Recommendation, (doc. 61). No party to this action filed
Objections to the Report and Recommendation.
Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as
the opinion of the Court. The Court GRANTS Defendants’ Motion to Dismiss, DISMISSES
without prejudice Plaintiff’s Complaint for failure to exhaust available administrative remedies,
DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal,
and DENIES Plaintiff in forma pauperis status on appeal.
SO ORDERED, this 29th day of April, 2020.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA