Citation Codes Equivalent Citations citation codes Docket Number Case no. 07-13192. Motions Motion to dismiss : Denied Judges John Corbett O'Meara See more information ... Smart Summary Please sign up to generate summary. MARCUS McADORY, Plaintiff, v. MICHAEL R. ENGELSGJERD, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION JOHN O'MEARA, District Judge The court having reviewed the February 11, 2010 report and recommendation filed by Magistrate Judge Paul J. Komives, as well as Defendants' objections filed February 26, 2010, and being fully advised in the premises; IT IS HEREBY ORDERED that the report and recommendation is accepted and adopted by this court. IT IS FURTHER ORDERED Defendants CMS and Hutchinson's motion to dismiss for lack of exhaustion is DENIED.