Dancer v. Schumaker et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION; dft's motion for summ jgm is construed in relevant part as a motion to dismiss and is granted by Judge Robert S. Lasnik. (RS)cc Dancer

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01 02 03 04 05 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 06 07 08 DANIEL W. DANCER, 09 10 11 12 ) ) Plaintiff, ) ) v. ) ) VICKI SCHUMAKER, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C10-918-RSL ORDER OF DISMISSAL 13 14 The Court, having reviewed the Report and Recommendation of United States 15 Magistrate Judge James P. Donohue, the governing law, and the balance of the record, does 16 hereby find and ORDER: 17 (1) The Report and Recommendation is ADOPTED; 18 (2) Defendant’s motion for summary judgment (Dkt. 25) is construed in relevant 19 20 21 part as a motion to dismiss and is GRANTED; (3) This matter is DISMISSED without prejudice for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a); and 22 ORDER OF DISMISSAL PAGE -1 01 02 03 (4) The Clerk of Court is directed to send copies of this Order to plaintiff and to Magistrate Judge James P. Donohue. DATED this 2nd day of November, 2011. 04 05 A 06 Robert S. Lasnik United States District Judge  07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER OF DISMISSAL PAGE -2

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