Bacon v. Curry et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 ; the Defendant's Motion for Summary Judgment as to defendant Curry is GRANTED; a final judgment will be entered herewith. Signed by Judge James P. Jones on 1/28/2020. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

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ADRIAN NATHANIEL BACON,
Plaintiff,
v.
J. CURRY, ET AL.,
Defendants.

Case No. 7:18CV00262
ORDER
By: James P. Jones
United States District Judge

It appearing that no objections have been timely filed to the Report entered December 12,
2019, setting forth the findings and recommendations of the magistrate judge, it is ORDERED as
follows:
1.

The Report and its findings and recommendations are wholly ACCEPTED and

APPROVED;
2.

The court finds that it has been proved that the plaintiff failed to exhaust his

available administrative remedies as to his remaining claim against defendant Curry, in accord
with 42 U.S.C. § 1997e(a), thus requiring dismissal of this action with prejudice; and
3.

Defendant’s Motion for Summary Judgment as to defendant Curry, ECF No. 16, is

GRANTED.
A final judgment will be entered herewith.

ENTER: January 28, 2020
/s/ JAMES P. JONES
United States District Judge