HARRIS v. KRUEGER

Filing 133

ORDER ADOPTING 132 REPORT AND RECOMMENDATIONS - The Court has considered and now ADOPTS the Report and Recommendation. Dkt. 132 . The exhaustion defense is SUSTAINED, and this action is now DISMISSED WITHOUT PREJUDICE based on Mr. Harris's failure to exhaust his available administrative remedies. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 5/22/23.(JRB)

Case 2:18-cv-00303-JPH-MG Document 133 Filed 05/22/23 Page 1 of 2 PageID #: 742

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
ARTHUR L. HARRIS,

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Plaintiff,
v.
WILLIAM E. WILSON, et al.,
Defendants.

No. 2:18-cv-00303-JPH-MG

ORDER ADOPTING REPORT AND RECOMMENDATION
Magistrate

Judge

Mario

Garcia

has

entered

a

Report

and

Recommendation, dkt. 138, recommending that the Court find that plaintiff
Arthur Harris did not exhaust his available administrative remedies before filing
this lawsuit as required by the Prison Litigation Reform Act. The parties have
had the opportunity to object but have not done so. See Fed. R. Civ. P. 72(b); 28
U.S.C. § 636(b)(1). The Court has considered and now ADOPTS the Report and
Recommendation. Dkt. [132]. The exhaustion defense is SUSTAINED, and this
action is now DISMISSED WITHOUT PREJUDICE based on Mr. Harris's failure
to exhaust his available administrative remedies.
SO ORDERED.
Date: 5/22/2023

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Case 2:18-cv-00303-JPH-MG Document 133 Filed 05/22/23 Page 2 of 2 PageID #: 743

Distribution:
ARTHUR L. HARRIS
6305 Barnhart CT NE
Albuquerque, NM 87109
All Electronically Registered Counsel

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