Opinion
Civil No. 09-734 (DWF/RLE).
August 19, 2010
Jason Tope, Pro Se, Plaintiff.
Margaret E. Jacot, Assistant Attorney General, Minnesota Attorney General's Office, counsel for Defendants Joan Fabian and Dr. David Paulson.
ORDER ADOPTING REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter,
IT IS HEREBY ORDERED that:
1. The Defendants' Motion for Summary Judgment (Doc. No. [31]) is GRANTED.
2. The Plaintiff's Motion to Dismiss Lynn Dingle and Maureen Connor (Doc. No. [41]) is GRANTED, but that the Plaintiff's Motion to Effect Service (Doc. No. [41]) is DENIED AS MOOT.
3. The action is DISMISSED, WITHOUT PREJUDICE, for failure to exhaust administrative remedies.