Bennett v. Onua et al

Filing 26

OPINION AND ORDER re: 17 MOTION for Judgment on the Pleadings. Because Defendants have adequately supported the affirmative defense of failure to exhaust and because Bennett has not presented any facts on which this Court could base an exception, his Complaint is dismissed without prejudice. Bennett may file a new action once he has exhausted all remedies, as required by PLRA section 1997e(a). Accordingly, Defendants' motion to dismiss is granted. The Clerk of the Court is directed to close this motion [Docket No. 17] and this case. (Signed by Judge Shira A. Scheindlin on 5/26/10) (djc)

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