LEWIS v. CHRISTOPHER ENGLAND

ALETA TRAUGER, District Judge

On December 12, 2007, the Magistrate Judge issued a Report and Recommendation (Docket No. 29), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the defendants' Motion for Summary Judgment (Docket No. 22) is GRANTED, and this case is DISMISSED for failure to exhaust administrative remedies under 42 U.S.C. § 1915(e)(a). It is further ORDERED that the defendants' Motion to Dismiss For Failure to Prosecute (Docket No. 27) is DENIED AS MOOT. Any appeal by the plaintiff from this ruling will not be certified as taken in good faith under 28 U.S.C. § 1915(a)(3).

It is so ORDERED.