Scott #191939 v. Babik et al, No. 2:2006cv00103 - Document 54 (W.D. Mich. 2007)
Court Description: OPINION AND ORDER APPROVING REPORT AND RECOMMENDATION ; signed by EDTN Judge R. Allan Edgar ; this document appears in the following associated cases: 5:02-cv-00177-RAED-TPG, 2:06-cv-00103-RAED-TPG(EDTN Judge R. Allan Edgar, cam)
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Scott #191939 v. Babik et al Doc. 54 Case 2:06-cv-00103-RAED-TPG Document 54 Filed 03/20/2007 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID J. SCOTT, Plaintiff, v. Case No. 5:02-cv-177 HON. R. ALLAN EDGAR JOHN LANG, et al., Defendants. _______________________________________/ DAVID J. SCOTT, Plaintiff, v. Case No. 2:06-cv-103 GEORGE BABIK, et al., Defendants. _______________________________________/ OPINION AND ORDER APPROVING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. The Court has received objections from defendant Bennett. In accordance with 28 U.S.C. ยง 636(b)(1), the Court has performed de novo consideration of those portions of the Report and Recommendation to which objection has been made. The Court now finds the objections to be without merit. Defendant s arguments regarding exhaustion are without merit in light of the Supreme Court s recent decision in Jones v. Bock, 2007 WL 135890 (U.S., Jan. 22, 2007). Dockets.Justia.com Case 2:06-cv-00103-RAED-TPG Document 54 Filed 03/20/2007 Page 2 of 2 THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that defendant Bennett s motion to dismiss (Docket #237) is GRANTED in part and defendant Bennett only is DISMISSED from this action. Dated: /s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE 3/20/07 -2-
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