Delcarpio v. Cain et al
Filing 31
RULING Adopting 27 Report and Recommendation of the U.S. Magistrate Judge.The Plaintiff's claims asserted against the unidentified "John Doe" security officer Defendants are dismissed without prejudice for failure of the Plaintiff t o serve these Defendants within 120 days as mandated by Fed. R. Civ. P. 4(m). Further, 23 Motion for Summary Judgment is denied and the 17 Motion forSummary Judgment is granted, dismissing the Plaintiff's claims asserted against the Defendan ts, in part for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, and in part for failure to state a claim upon which relief may be granted under 42 U.S.C. 1983, and this action is dismissed. Signed by Judge Shelly D. Dick on 02/02/2015. (BCL)
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