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Phillip Toler v. Charles Halley

February 20, 2012

PHILLIP TOLER, PLAINTIFF,
v.
CHARLES HALLEY, ET AL., DEFENDANTS.



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

ORDER

Upon consideration of the Report and Recommendation of the Magistrate Judge filed on January 12, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. The defendants' motion to dismiss (doc. 58) is GRANTED. 3. This cause is DISMISSED WITHOUT PREJUDICE for plaintiff's failure to exhaust available administrative remedies.

4. The clerk is directed to close the file.

M. Casey Rodgers

20120220

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