Hunter v. Donahue et al

Filing 112

ORDER ADOPTING REPORT AND RECOMMENDATIONS 111 in full. Case is ordered to be dismissed without prejudice due to failure to exhaust administrative remedies pursuant to 42:1997(e)(a). Case closed. Signed by Judge Rudy Lozano on 8/5/2010. (kds)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION TRINITY HUNTER, Plaintiff, vs. OFFICER WISE, Defendant. ) ) ) ) ) ) ) ORDER This matter is before the Court on the Report and CAUSE NO. 3:07-CV-593 Recommendation of Magistrate Judge Christopher A. Nuechterlein, filed on July 8, 2010 (DE #111). More than 14 days have passed and no party has filed any objection to the Report and Recommendation. See Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999) (explaining that the failure to file a timely objection will result in the waiver of the right to challenge a report and recommendation). Therefore, upon due consideration, the Court hereby ADOPTS the Report and Recommendation (DE #111) in full. Accordingly, the Clerk is ORDERED to DISMISS WITHOUT PREJUDICE Plaintiff's remaining claim due to failure to exhaust The administrative remedies pursuant to 42 U.S.C. § 1997(e)(a). Clerk is hereby ORDERED to close this case. DATED: August 5, 2010 /s/RUDY LOZANO, Judge United States District Court

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