Sutton v. Bradley

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 26th day of January, 2009, upon consideration of the report of the magistrate judge (Doc. 58), recommending that defendants' motion for summary judgment*fn1 (Doc. 29) be granted, and, following an independent review of the record, it appearing that plaintiff has not exhausted available administrative remedies as to all claims, and that such exhaustion is a necessary prerequisite to the filing of a complaint in federal court, see 42 U.S.C. § 1997e(a) ("No action shall be brought with respect to prison conditions . . . by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted."); see also Porter v. Nussle, 534 U.S. 516, 523-26 (2002), it is hereby ORDERED that:

1. The report (Doc. 58) of the magistrate judge is ADOPTED.

2. Defendants' motion for summary judgment (Doc. 29) is GRANTED.

3. The Clerk of Court is instructed to enter JUDGMENT in favor of defendants and against plaintiff for failure to exhaust administrative remedies.

4. Defendant's motion for suspension of the court's amended case management order (Doc. 56) is DENIED as moot.

5. Any appeal from this order is deemed frivolous and not in good faith. See 28 U.S.C. §1915(a)(3).

6. The Clerk of Court is instructed to CLOSE ...