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BRODY WHITAKER, Plaintiff, v. CAPT. ANTHONY DAVIS and D. JONES, Defendants.

MARK E. WALKER Chief United States District Judge

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 41. Upon consideration, no objections having been filed by the parties,

IT IS ORDERED:

The report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "The Amended Motion to Dismiss, ECF No. 31, is GRANTED. Plaintiff's amended complaint, ECF No. 11, is DISMISSED for failure to exhaust administrative remedies and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The Clerk is directed to note on the docket that this case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)." The Clerk shall close the file.

SO ORDERED on August 1, 2019.

s/ MARK E. WALKER

Chief United States District Judge

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Whitaker v. Davis
(Aug 1, 2019)