Smith v. Franklin et al

Filing 29

REPORT AND RECOMMENDATIONS regarding 15 MOTION to Dismiss Pursuant To Fed. R.Civ. P., Rule 12(b)(1) filed by James Stevens, Nanette Stevens, Rhonda Prewitt, Jeffery Sloan, Denise Felker, Anthony Tarver, Steve Rader, Boyd McCodney, Regena McCray. I t is recommended that the Motion to Dismiss of defendants Steve Rader, Boyd McCartney, Jeffery Sloan, Regena McCray, Rhonda Prewitt, Nanette Stevens, Dr. Anthony Tarver, James Stevens, and Denise Felker, rec.doc.no. 15 , be granted, dismissing the p laintiffs claims asserted against these defendants for failure of the plaintiff to state a claim upon which relief may be granted. It is further recommended that the Motion for Summary Judgment of defendant Robert Franklin, rec.doc.no. 21 , be grant ed, dismissing the plaintiffs claim asserted against this defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. Finally, it is recommended that the Motion to Dismiss of defendant Robert Franklin , rec.doc.no. 20 , be denied as moot, and that this action be dismissed, with prejudice.. Objections to R&R due by 12/23/2010. Signed by Magistrate Judge Christine Noland on 12/6/2010. Sent to plaintiff at both addresses. (CMM) Modified on 12/9/2010 to edit text. (CMM)