Citation Codes Equivalent Citations citation codes Docket Number Civil No. 06-2985 (MJD/JJG). Judges Michael James Davis Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. Jason Michael Mussehl, Plaintiff, v. Robert Fletcher, et al., Defendants. ORDER MICHAEL DAVIS, District Judge The above-entitled matter comes before the Court upon the Plaintiff's objections to the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham dated January 3, 2008. Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on that review the Court ADOPTS the Report and Recommendation to the extent that it recommends dismissal for failure to exhaust administrative remedies, but will dismiss the matter without prejudice. IT IS HEREBY ORDERED that: 1. Defendants' Motion for Summary Judgment [Doc. No. 37] is GRANTED. 2. Defendants' Motion to Compel Discovery/Sanctions [Doc. No. 34] is DENIED AS MOOT. 3. Plaintiff's Motion for Discovery and Appointment of Counsel [Doc. No. 36] is DENIED. 4. This matter is DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY.