Smith v. Franklin et al

Filing 31

RULING Adopting 29 Report and Recommendations.. Accordingly, 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.d oc.no. 15 , will be granted, dismissing the plaintiff's claims asserted against these defendants for failure of the plaintiff to state a claim upon which relief may be granted. Further, the Motion for Summary Judgment of defendant Robert Frank lin, rec.doc.no. 21 , will be granted, dismissing the plaintiff's claim asserted against this defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. Finally, the Motion to Dismiss of defendant Robert Franklin, rec.doc.no. 20 , will be denied as moot, and this action will be dismissed, with prejudice.. Signed by Chief Judge Ralph E. Tyson on 1/10/2011. (CMM)

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