McGovern v. Smith et al, No. 1:2010cv00157 - Document 26 (D. Mont. 2012)
Court Description: ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS in full. Defendant's 18 Motion to Dismiss is GRANTED, and this matter is dismissed without prejudice. Signed by Judge Richard F. Cebull on 1/5/2012. Mailed to McGovern. (TAG, )
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McGovern v. Smith et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION THOMAS MCGOVERN, Plaintiff, v. WARDEN TOM GREEN, Defendant. ) ) Cause No. CV-IO-lS7-BLG-RFC-CSO ) ) ) ORDER ADOPTING FINDINGS ) AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ) ) ) -----------------------) Defendant Warden Tom Green has moved to dismiss this action (doc. 18) on the grounds that Plaintiff Thomas McGovern has failed to exhaust his administrative remedies within the prison system before filing this lawsuit as required by the Prison Litigation Reform Act. Doc. 18. McGovern does not object to Warden Green's motion. Doc. 24. Since this case was referred to United States Magistrate Judge Ostby for all pretrial proceedings pursuant to 28 U.S.C. ยง 636(b)(l)(A), she entered Findings and Recommendations on the Warden's motion, recommending that it be granted. Doc. 25. Consistent with his admission that Warden Green's motion was well-taken, McGovern did not object to Judge Ostby's recommendation that the motion to dismiss be granted. 1 Dockets.Justia.com After a de novo review of the Findings and Recommendations, IT IS HEREBY ORDERED that they be adopted in their entirety: Defendant's Motion to Dismiss for Failure to Exhaust Administrative Remedies (doc. 18) is GRANTED. This matter is dismissed without prejudice. DATED this 5th day of January, 2012. United States District Judge 2
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