Marshall v. G.D.C.I. Food Service, et. al.

Filing 39

ORDER denying as moot 28 Motion for Reconsideration ; granting 32 Motion for Judgment on the Pleadings; adopting Report and Recommendations re 37 Report and Recommendations. The Clerk is directed to close the case and enter the appropriate judgment of dismissal. Signed by District Judge R. Stan Baker on 9/14/20. (wwp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION JAMMIE L. MARSHALL, Plaintiff, CIVIL ACTION NO.: 6:17-cv-117 v. G.D.C.I. FOOD SERVICE, et al., Defendant. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge’s Report and Recommendation, (doc. 37). 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 Defendant Tatum’s construed Motion to Dismiss, DISMISSES without prejudice Plaintiff’s Complaint for failure to exhaust his administrative remedies, and DENIES as moot Plaintiff’s Motion to Reconsider. The Court also 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 14th day of September, 2020. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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