Shehan v. Department of the Treasury

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) The Magistrate Judges Report and Recommendation 18 is adopted as the Opinion of the Court (2) Defendants Motion to Dismiss 8 is granted; (3) Plaintiffs Complaint 1 is dismissed without prejudice; and (4) This matter is dismissed and stricken from the Courts docket.. Signed by Judge David L. Bunning on 08/11/2018.(KRB)cc: COR, William C. Shehan, Jr via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 18-11-DLB
WILLIAM C. SHEHAN, JR.
VS.

PLAINTIFF

ORDER ADOPTING REPORT AND RECOMMENDATION

DEPARTMENT OF THE TREASURY

DEFENDANT

** ** ** ** ** ** ** **
This matter is before the Court upon the June 18, 2018 Report and
Recommendation (R&R) of United States Magistrate Judge Candace J. Smith (Doc. #
18), wherein she recommends that the Court grant Defendant’s Motion to Dismiss
(Doc. # 8) based upon Plaintiff’s failure to exhaust his administrative remedies. During
the June 12, 2018 Motion Conference before the Magistrate Judge, Plaintiff agreed that
dismissal of the instant suit was proper due to his failure to exhaust. (Doc. # 17). Shortly
thereafter, the Magistrate Judge issued the R&R.

(Doc. # 18).

The time for filing

objections having now expired, the R&R is ripe for the Court’s consideration.
The Court having reviewed the R&R, and concluding that it is sound in all respects,
including the recommended dismissal of Plaintiff’s Complaint (Doc. # 1), and the Court
being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1)

The Magistrate Judge’s Report and Recommendation (Doc. # 18) is

adopted as the Opinion of the Court;
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(2)

Defendant’s Motion to Dismiss (Doc. # 8) is granted;

(3)

Plaintiff’s Complaint (Doc. # 1) is dismissed without prejudice; and

(4)

This matter is dismissed and stricken from the Court’s docket.

This 21st day of August, 2018.

L:\DATA\ORDERS\Cov18\18-11 Order adopting R&R.docx

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