Simmons v. Thigpen et al

Filing 48

ORDER ACCEPTING 44 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' 30 motion for summary judgment on the issues of exhaustion and qualified immunity is GRANTED to the extent that it seeks dismissal of plaintiff Shelton Simmons' claims against the defendants for failure to exhaust his administrative remedies. (Ordered by Senior Judge A. Joe Fish on 7/30/2012) (twd)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

SHELTON SIMMONS, ID # 1588486,
Plaintiff,
VS.
OFFICER THIGPEN, ET AL.,
Defendants.

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CIVIL ACTION NO.
3:11-CV-0999-G (BH)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the
findings, conclusions, and recommendation of the United States Magistrate Judge
and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the
undersigned district judge is of the opinion that the findings and conclusions of the
magistrate judge are correct and they are accepted as the findings and conclusions of
the court. Accordingly, defendants’ motion for summary judgment on the issues of
exhaustion and qualified immunity, filed December 20, 2011 (docket entry 30) is
GRANTED to the extent that it seeks dismissal of plaintiff Shelton Simmons’ claims

against the defendants for failure to exhaust his administrative remedies. By separate
document, the court will enter judgment in accordance with FED. R. CIV. P. 58(a).
SO ORDERED.

July 30, 2012.

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A. JOE FISH
Senior United States District Judge

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