Jaquez v. Jones et al

Filing 60

ORDER ADOPTING 59 Report and Recommendation, GRANTING 33 Defendants' Motion for Summary Judgment, DENYING AS MOOT 33 Defendants' Motion to Dismiss. Signed by Honorable Stephen P. Friot on 3/29/13. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

HENRY JOSEPH JAQUEZ,
Plaintiff,
-vsJUSTIN JONES, et al.,
Defendants.

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Case No. CIV-11-1406-F

ORDER
On February 28, 2013, United States Magistrate Judge Suzanne Mitchell issued
a Report and Recommendation (doc. no. 59), wherein she recommended that
defendants’ motion for summary judgment (doc. no. 33) be granted. Magistrate Judge
Mitchell determined that defendants have affirmatively established that plaintiff failed
to properly exhaust his administrative remedies prior to the filing of this lawsuit. In
the Report and Recommendation, Magistrate Judge Mitchell advised the parties of
their right to file an objection to the Report and Recommendation by March 20, 2013
and that failure to make timely objection to the Report and Recommendation waives
the right to appellate review of both the factual and legal issues therein contained.
To date, no objection has been filed. With no objection being filed, the court
accepts, adopts and affirms the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Suzanne Mitchell on February 28, 2013 (doc. no. 59) is
ACCEPTED, ADOPTED and AFFIRMED. Defendants’ Motion for Summary

Judgment (doc. no. 33) is GRANTED. In light of the court’s ruling, defendants’
Motion to Dismiss (doc. no. 33) is DENIED as MOOT.
DATED March 29, 2013.

11-1406p003.wpd

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