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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SHELTON SIMMONS, ID # 1588486, Plaintiff, VS. OFFICER THIGPEN, ET AL., Defendants. ) ) ) ) ) ) ) ) ) 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. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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