Reath v. Weber et al

Filing 8

ORDER adopting 7 Report and Recommendation. Signed by U. S. District Judge Lawrence L. Piersol on 11/30/12. (DJP)

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FILED NOV 302012 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION ~4.w *************************************************** * DOMACH REATH, * CN.12-4053 * Plaintiff, * ORDER * vs. * * DOUGLAS WEBER, Warden, Department of * Corrections, JENNIFER WAGNER, JESSICA * COOK, AUTHER ALCOCK, AL MADSEN * ASSIATED WARDENS, MOST * CORRECTIONAL OFFICERS, PONTO * * Defendants. * * **************************************************** * DOMACHREATH * CIV. 12-4059 * Plaintiff, * * vs. * * DOUGLAS WEBER, Warden, TROY ELISE, * Coordinator, BENTIN, Captain, Senior Officer, * PONTO, Associate Warden, UNITED STATES * OF AMERICA, ALL ASSOCIATE WARDENS, * MOST CORRECTIONAL OFFICERS, * * Defendants. * * **************************************************** Plaintiff brings these prisoner civil rights actions pursuant to 42 U.S.C. ยง 1983. The Magistrate Judge issued a Report and Recommendation recommending that the Complaints be dismissed as frivolous and for failure to exhaust administrative remedies. Plaintiff filed no objections to the Report and Recommendation. After a review ofthe file, the Court agrees with the Magistrate Judge. Accordingly, IT IS ORDERED that: 1. The Report and Recommendation (Doc. 7) is ADOPTED. 2. Plaintiffs complaints are dismissed, without prejudice, as frivolous and for failure to exhaust administrative remedies. 3. Plaintiff remains responsible for payment of the balance of the $350.00 filing fee. Dated this n ;at:J -day of November, 2012. wrence L. Piersol United States District Judge ATTEST: JOSEPH ~~' ~ERK By: ~ULgJQx (SEA) . , Deputy

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