Anderson v. O.D.R.C. Southern Correctional Facility et al

Filing 24

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS : Accordingly, defendants motion to dismiss the complaint based on plaintiffs failure to exhaust his administrative remedies (Doc. 12) is GRANTED. This case is DISMISSED without prejudice. The Court cer tifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this Order will not be taken in good faith. Signed by Judge Susan J. Dlott on 3/20/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Orie Anderson,
Plaintiff(s),
vs.
O.D.R.C. Southern Correctional Facility, et al.,
Defendant(s).

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Case Number: 1:16cv361
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to Karen L. Litkovitz, United States
Magistrate Judge. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on December 1, 2016 a Report and Recommendation (Doc. 19). Subsequently, the
plaintiff filed objections to such Report and Recommendation (Doc. 20) and the defendants filed a reply
to the objections (Doc. 21).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, defendants’ motion to dismiss the complaint based on plaintiff’s failure to exhaust
his administrative remedies (Doc. 12) is GRANTED. This case is DISMISSED without prejudice.
The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this Order will not be
taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court