Summary
holding that a plaintiff's duty to exhaust was not excused by his transfer to another institution and collecting authority holding same
Summary of this case from Jamison v. ClarkeOpinion
CIVIL ACTION NO. 3:18-0532
07-08-2019
KEVIN FRITZ LAMERIQUE, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant Defendant's Motion to Dismiss (ECF No. 19); dismiss the Amended Complaint, with prejudice (ECF No. 7); and remove this matter from the docket of the Court. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS Defendant's Motion to Dismiss (ECF No. 19); DISMISSES the Amended Complaint, with prejudice (ECF No. 7); and REMOVES this matter from the docket of the Court, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
ENTER: July 8, 2019
/s/_________
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE