Opinion
5:22-cv-156-TKW-MJF
02-12-2024
ALAIN DAVID PEREA, Plaintiff, v. SHERNEKA SMITH, et al., Defendants.
ORDER
T. KENT WETHERELL, II., UNITED STATES DISTRICT JUDGE.
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 41). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge's determination the claims against Defendants Smith and Clemons are not due to be dismissed for failure to exhaust administrative remedies. Accordingly, it is
ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Defendants Smith and Clemons's motion to dismiss (Doc. 37) is DENIED.
3. This case is returned to the magistrate judge for further pretrial proceedings.
DONE and ORDERED.