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Hopes v. Hackleman

June 22, 2010

ROBERT CHARLES HOPES, JR., PLAINTIFF,
v.
LEWIS HACKLEMAN, BRAD THOMAS, JAMES HUNDT, DEFENDANT.



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

ORDER

This matter is before the Court on a Report and Recommendation ("R&R")issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Wilkerson (Doc. 53). The R&R's conclusion, based on Magistrate Judge Wilkerson's review of the record and applicable case law, is that Plaintiff has failed to properly exhaust his administrative remedies, that the failure was the fault of Plaintiff, and that Plaintiff's Complaint should be dismissed for his failure to exhaust.

The R&R was sent to the Parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen days of service. As of this date, the allotted time has expired and no objections have been filed. 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 (Doc. 53) in its entirety and DISMISSES Plaintiff's Complaint with prejudice. The Clerk to enter judgment accordingly.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20100622

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