Cudjo v. Lofton et al
ORDER adopting 102 Report and Recommendation. Ordered that Defendants Hammond and Smalley's 60 Sealed Motion for partial summary judgment limited to the issue of exhaustion (Dkt #60) is denied. Signed by District Judge Ron Clark on 4/16/2018. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JIMMIE LEE CUDJO, #1563921
JACQUELINE HAMMOND, ET AL.
CIVIL ACTION NO. 6:15cv1162
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Jimmie Lee Cudjo, a prisoner currently confined in the Texas prison system,
proceeding pro se and in forma pauperis, filed the above-styled and numbered civil lawsuit. In
response, Defendants Hammond and Smalley filed a motion for partial summary judgment limited to
the issue of exhaustion (Dkt. #60).
The motion was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a
Report and Recommendation concluding that Defendants Hammond and Smalley’s motion for partial
summary judgment limited to the issue of exhaustion (Dkt. #60) should be denied. (Dkt. #102). The
Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the
disposition of the motion, has been presented for consideration, and no objections thereto having been
timely filed, the court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct, and adopts same as the findings and conclusions of the court. It is accordingly
ORDERED that the Report and Recommendation (Dkt. #102) is ADOPTED. It is further
ORDERED that Defendants Hammond and Smalley’s motion for partial summary judgment
limited to the issue of exhaustion (Dkt. #60) is DENIED.
So Ordered and Signed
Apr 16, 2018
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