Francisco v. Reese et al

Filing 25

JUDGMENT dismissing cause without prejudice for plaintiff's failure to exhaust administrative remedies. Signed by Honorable David C. Bramlette, III on 1/8/09 (PKM)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION PASCUAL FRANCISCO, #97740-198 VS. CONSTANCE REESE, ET AL. PLAINTIFF CIVIL ACTION NO. 5:08cv214DCB-MTP DEFENDANTS

JUDGMENT This matter having come on to be heard on this date upon the Report and Recommendation of the United States Magistrate Judge entered in this cause, and the Court, after a full review of the record, having adopted said Report and Recommendation as the finding of this Court by Order dated this day, finds that Defendants' Motion to Dismiss, in the Alternative, for Summary Judgment [18] should be granted, and this matter should be dismissed without prejudice for Plaintiff's failure to exhaust administrative remedies. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Defendants' Motion to Dismiss, in the Alternative, for Summary Judgment [18] is granted and the above captioned cause be, and the same is hereby, dismissed without prejudice for Plaintiff's failure to exhaust administrative remedies. . SO ORDERED this the 8th day of January, 2009.

s/ David Bramlette UNITED STATES DISTRICT JUDGE