Jackson v. Bertcsh et al

Filing 45

ORDER 44 ADOPTING REPORT AND RECOMMENDATIONS; granting 37 Motion to Dismiss for Failure to State a Claim; and dismissing complaint without prejudice by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Roger Jerome Jackson,
N.A C.G. = Native right[]s,
Case No. 3:14-cv-14
Plaintiff,
-vs-

ORDER ADOPTING REPORT AND
RECOMMENDATION

Leann Bert[sc]h, DOCR Director, Don
Redmann, Warden, and Mark Haines,
Chaplain,
Defendants.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that
the court grant the defendants’ motion to dismiss and that the complaint be dismissed
without prejudice because Jackson failed to exhaust his administrative remedies.1 Jackson
has not objected to the Report and Recommendation within the prescribed time period.
After reviewing the record and considering the magistrate judge’s Report and
Recommendation, the court finds the magistrate judge’s analysis of the claims and
recommendations for disposition are appropriate. Accordingly, the court hereby adopts the
Report and Recommendation in its entirety. For the reasons stated therein, the defendants’
motion to dismiss2 is GRANTED and Jackson’s complaint3 is DISMISSED without
prejudice.

1

Doc. #44.

2

Doc. #37.

3

Doc. #5.

1

The court finds that any appeal would be frivolous, cannot be taken in good faith,
and may not be taken in forma pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 4th day of June, 2015.

/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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