Ocasio v. Saunders et al

Filing 43

ORDER APPROVING and ADOPTING 40 REPORT AND RECOMMENDATION : The 11 Motion to Dismiss is GRANTED. Clerk shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 1/29/2010. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA ALEXANDER OCASIO, ) ) Plaintiff, ) ) vs. ) ) C/O SAUNDERS, et al., ) ) Defendants. ) ________________________________________) PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: 3:09-CV-00400-ECR-RAM MINUTES OF THE COURT DATE: January 29, 2010

U. S. DISTRICT JUDGE NONE APPEARING

Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS

NONE APPEARING NONE APPEARING

On January 8, 2010, the Magistrate Judge filed a Report and Recommendation (#40) recommending that Defendants' Motion to Dismiss (#11) be granted. Plaintiff filed Objections (#41) to the Report and Recommendation (#40). The Objections (#41) do not provide appropriate reasons to excuse the failure to exhaust administrative remedies, as required by 42 U.S.C. § 1997e(a), before bringing the action. The Report and Recommendation (#40) is well taken and is APPROVED and ADOPTED. IT IS, THEREFORE, HEREBY ORDERED that the Motion to Dismiss (#11) is GRANTED. The Clerk shall enter judgment accordingly.

LANCE S. WILSON, CLERK By /s/ Deputy Clerk