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Brown v. Bledsoe

January 22, 2010

ROYCE E. BROWN, SR., PLAINTIFF,
v.
B.A. BLEDSOE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM & ORDER

This matter is before the Court on the Report and Recommendations ("R&R") issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Frazier (Doc. 65). The R & R's conclusion, based on the Magistrate Judge's review of the record and the applicable law, is that Plaintiff has failed to exhaust his administrative remedies and that the Defendants' Motion to Dismiss (Doc. 41) should therefore be granted.*fn1

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service. The time period in which to file an objection has lapsed. Neither party has filed any objection. Therefore, pursuant to 28 U.S.C. § 636(b) this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the R&R in its entirety and GRANTS Defendants' Motion to Dismiss (Doc. 41). Accordingly, the Court finds that all of Plaintiff's claims against all remaining Defendants in this case should be DISMISSED WITHOUT PREJUDICE, as set forth in the R&R.

IT IS SO ORDERED.

David R Herndon Chief Judge United States ...


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