Knight v. Perry et al

Filing 39

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS, granting 34 motion to dismiss for failure to exhaust, denying as moot 33 Motion to Amend/Correct scheduling order, denying as moot 32 motion to dismiss for failure to serve process. A separate judgment will be entered dismising case with prejudice. Signed by District Judge Tom S. Lee on 4/1/14 (copy mailed to Curtis D. Knight, #98592, CMCF (720), 3B-2, C-Zone, Bed #188, P. O. Box 88550, Pearl, MS 39288) (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

CURTIS D. KNIGHT, 398502
VS.

PLAINTIFF
CIVIL ACTION NO. 3:13CV258TSL-JMR

GLORIA PERRY, ET AL.

DEFENDANTS
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge John M. Roper entered on March
3, 2014, recommending that defendants’ motion to dismiss for
failure to exhaust be granted and that the motions to dismiss for
failure to serve process and to amend the scheduling order be
denied as moot.

Plaintiff Curtis D. Knight has not filed

objections and the time for doing so has since expired.

Having

reviewed the report and recommendation, the court concludes that
the motions are well taken and hereby adopts, as its own opinion,
the magistrate judge’s report and recommendation.
Based on the foregoing, it is ordered that the report
and recommendation of United States Magistrate John M. Roper
entered on March 3, 2014, be, and the same is hereby, adopted as
the finding of this court.

Accordingly, it is ordered that

defendants’ motion to dismiss for failure to exhaust is granted
and that defendants’ remaining motions are denied as moot.
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.

SO ORDERED this 1st day of April, 2014.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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