FOX v. BARNES et al, No. 1:2016cv01196 - Document 33 (M.D.N.C. 2018)

Court Description: MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 07/12/2018, that Defendants' Motion to Dismiss (Docket Entry 22 ) be converted to a Motion for Summary Judgment solely as to the is sue of whether Plaintiff exhausted his administrative remedies, that this motion be GRANTED, and that this action be dismissed without prejudice. FURTHER RECOMMENDED that the Court decline to exercise supplemental jurisdiction over any possible state law claims. (Garland, Leah)