Horacek #218347 et al v. Caruso et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 34 ; defendants' motion to dismiss 34 is granted; plaintiffs' action is dismissed; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DANIEL HORACEK AND PHILLIP CIRISAN, Plaintiffs, Case No.: 1:08-cv-262 v. HONORABLE PAUL L. MALONEY PATRICIA CARUSO, et al., Defendants. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ellen S. Carmody in this action. The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that Defendants Patricia Caruso, Carol Howes, Linda Beckwith, and Donald A. Tompkins's Motion to Dismiss for Failure to Exhaust (Dkt. #18) is GRANTED. Plaintiff Daniel Horacek and Phillip Cirisan's action is DISMISSED. Dated: January 15, 2009 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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