McGovern v. Smith et al

Filing 26

ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS in full. Defendant's 18 Motion to Dismiss is GRANTED, and this matter is dismissed without prejudice. Signed by Judge Richard F. Cebull on 1/5/2012. Mailed to McGovern. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

THOMAS MCGOVERN,
Plaintiff,
v.
WARDEN TOM GREEN,
Defendant.

)

) Cause No. CV-IO-lS7-BLG-RFC-CSO
)
)
) ORDER ADOPTING FINDINGS
) AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE
)
)
)

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Defendant Warden Tom Green has moved to dismiss this action (doc. 18)
on the grounds that Plaintiff Thomas McGovern has failed to exhaust his
administrative remedies within the prison system before filing this lawsuit as
required by the Prison Litigation Reform Act. Doc. 18. McGovern does not
object to Warden Green's motion. Doc. 24. Since this case was referred to United
States Magistrate Judge Ostby for all pretrial proceedings pursuant to 28 U.S.C. §
636(b)(l)(A), she entered Findings and Recommendations on the Warden's
motion, recommending that it be granted. Doc. 25. Consistent with his admission
that Warden Green's motion was well-taken, McGovern did not object to Judge
Ostby's recommendation that the motion to dismiss be granted.

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After a de novo review of the Findings and Recommendations, IT IS

HEREBY ORDERED that they be adopted in their entirety: Defendant's Motion
to Dismiss for Failure to Exhaust Administrative Remedies (doc. 18) is

GRANTED. This matter is dismissed without prejudice.
DATED this 5th day of January, 2012.

United States District Judge

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