Cudjo v. Lofton et al

Filing 107

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JIMMIE LEE CUDJO, #1563921 ' VS. ' 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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