Kirkendall #854212 v. Conklin et al

Filing 50

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 49 ; granting motion for partial dismissal 39 ; Plaintiff's claims against Defendants Greenfield, Conner, Martens, Walker, and Watkins are dismissed without prejudice; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RAYMOND KIRKENDALL, III, Plaintiff, Case No. 1:18-cv-480 v. HON. JANET T. NEFF UNKNOWN CONKLIN, et al., Defendants. ____________________________/ ORDER This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. Defendants Greenfield, Conner, Martens, Walker, and Watkins filed a motion for partial dismissal. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on September 9, 2019, recommending that this Court grant the motion and that Plaintiff’s claims against Defendants Greenfield, Conner, Martens, Walker, and Watkins be dismissed without prejudice for failure to exhaust administrative remedies. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 49) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that “Defendants’ Partial Motion to Dismiss” (ECF No. 39) is GRANTED. Plaintiff’s claims against Defendants Greenfield, Conner, Martens, Walker, and Watkins are DISMISSED without prejudice for failure to exhaust administrative remedies. Dated: October 4, 2019 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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