United States District Court, M.D. Pennsylvania
September 28, 2005.
PEDRO A. VINENT, Plaintiff
D.S. DODRILL, WARDEN et al., Defendants.
The opinion of the court was delivered by: THOMAS VANASKIE, Chief Judge
NOW, THIS 28th DAY OF SEPTEMBER, 2005, having carefully
considered the Report and Recommendation of United States
Magistrate Judge Malachy E. Mannion, proposing that the
above-captioned matter pertaining to conditions of confinement be
dismissed due to Plaintiff's unexcused failure to pursue
administrative remedies within the appropriate time for doing so,
thereby foreclosing Plaintiff from now pursuing prison
administrative remedies;*fn1 and
observing that Plaintiff has not objected to the
Report and Recommendation; and finding that, under
these circumstances, review may properly be limited
to ascertaining there is clear error in the proposed disposition of
this matter, see Cruz v. Chater,
990 F. Supp. 375, 377-78 (M.D. Pa. 1998); and
finding no error, as Plaintiff's acknowledged failure to
exhaust administrative remedies compels dismissal of this matter
under 42 U.S.C. § 1997e, see Booth v. Churner, 532 U.S. 731
739 (2001), IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation of Magistrate Judge Mannion
(Dkt. Entry 44) is ADOPTED.
2. Defendants' Motion for Summary Judgment (Dkt. Entry 38) is
3. The Clerk of Court is directed to enter judgment in favor of
Defendants and against Plaintiff.
4. The Clerk of Court is further directed to mark this matter
5. Any appeal from this Order will be deemed frivolous, lacking
in probable cause, and not taken in good faith.
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