Balanquet v. Northeast Ohio Correctional Center/Correctional Corporation of America et al
Filing 26
Order Adopting Report and Recommendation (re 25 ) that the claims should be dismissed for failure to exhaust the administrative remedies prior to filing suit. However it is necessary to clarify her ruling and to modify it being dismissed with prejudice because of futility. The court further certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. Signed by Judge Solomon Oliver, Jr on 1/31/2011. (D,M)
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