MALONE v. BALL et al

Filing 79

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, Defendants affirmative defense of failure to exhaust administrative remedies is DENIED (S.O.). Signed by Judge Sarah Evans Barker on 6/11/2009.(MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LAVELLE MALONE, Plaintiff, vs. CORA BALL, Defendant. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION REGARDING AFFIRMATIVE DEFENSE THAT PLAINTIFF FAILED TO EXHAUST ADMINISTRATIVE REMEDIES The Court has reviewed and considered the Magistrate Judge's Report and Recommendation (Docket No. 75) regarding the affirmative defense that Plaintiff failed to exhaust his administrative remedies before filing this action. No objections to the Report and Recommendation have been filed, and the time for filing such objections has expired. The Court, having given de novo consideration to the issue presented pursuant to Title 28 U.S.C. § 636(b)(1)(B) and (C), and being duly advised in the premises, finds that the Magistrate Judge's Report and Recommendation is well reasoned and supported by the facts, as well as the law. Accordingly, the Court adopts the Magistrate Judge's Report and Recommendation in full and incorporates it by reference herein. Accordingly, Defendant's affirmative defense of failure to exhaust administrative remedies is DENIED. IT IS SO ORDERED. 06/11/2009 Date: ___________________
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

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1:07-cv-0101- SEB-JMS

Copies to: Thomas J. Grau DREWRY SIMMONS VORNEHM, LLP [e-mail] Matthew James Schafer DREWRY SIMMONS VORNEHM, LLP [e-mail] LAVELLE MALONE 984073 PENDLETON CORRECTIONAL FACILITY Inmate Mail/Parcels 4490 West Reformatory Road PENDLETON, IN 46064