McKinney v. Johnson et al

Filing 88

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 87), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Report and Recommendation is ADOPTED. Accordingly, Defendants' Motion for Summary Judgment (Doc. No. 81 ) is GRANTED. The Complaint is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedi es. The July 10, 2017 pretrial conference and July 25, 2017 trial are CANCELED. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that an appeal taken in forma pauperis from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3) (2012). Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/7/2017. (xc:Pro se party by regular mail. ) (eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
WALTER MCKINNEY,
Plaintiff,
v.
DEBRA JOHNSON, et al.,
Defendant.

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NO. 1:15-cv-00061
CHIEF JUDGE CRENSHAW

ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc.
No. 87), to which no Objections have been filed. The Court has reviewed the Report and
Recommendation and conducted a de novo review of the record. The Report and Recommendation
is ADOPTED.
Accordingly, Defendants’ Motion for Summary Judgment (Doc. No. 81) is GRANTED.
The Complaint is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative
remedies. The July 10, 2017 pretrial conference and July 25, 2017 trial are CANCELED.
The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The
Court CERTIFIES that an appeal taken in forma pauperis from this Order would not be taken in
good faith. 28 U.S.C. § 1915(a)(3) (2012).
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE