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Willie James Mitchum v. A. Kirkland and

January 5, 2012

WILLIE JAMES MITCHUM, PLAINTIFF,
v.
A. KIRKLAND AND DR. BLANKENSHIP, DEFENDANTS.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated November 30, 2011. (Doc. 30). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows: 1. Except as noted in the footnote below, the magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.*fn1

2. Defendant Kirkland's motion to dismiss (doc. 26) is GRANTED.

3. Plaintiff's complaint (doc. 1) is DISMISSED for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e) and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2).

M. Casey ...


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