Pea v. Cain et al

Filing 21

RULING Adopting Report and Recommendation of the U.S. Magistrate Judge. Accordingly, Plaintiff's claims asserted against Defendants, Sgt. R. Frye and Capt. Feisel (or Feasel), are dismissed for failure of the Plaintiff to serve these Defenda nts within 120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. Further, the Motion 9 First MOTION for Summary Judgment failure to exhaust filed by Greg Templeton, Burl Cain, Joe Lamartiniere, Darry Vanoy, G eoffery Crosby, Unknown Whitaker, Troy Poret is GRANTED, dismissing claims asserted against these Defendants, without prejudice, for failure of the Plaintiff toexhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with pre judice to reassertion. of the same claim or claims against these Defendants in forma pauperis.This matter is referred back to the Magistrate Judge for further proceedings in connection with the Plaintiff's claim of excessive force asserted against Defendant, Greg Templeton. Signed by District Judge Shelly D. Dick on 7/10/2013. (LLH)

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