United States District Court, S.D. Mississippi, Northern Division
June 25, 2015
SAMUEL LEE HORTON, III, Plaintiff,
WARDEN BONITA MOSLEY AND CASE MANAGER T. HARDY, Defendants.
TOM S. LEE, District Judge.
This cause is before the court on the report and recommendation of Magistrate Judge Robert H. Walker entered on May 28, 2015, recommending that defendants' motion for summary judgment be granted. Alternatively, it is recommended that defendants' motion to dismiss for failure to state a claim be granted. Plaintiff Samuel Lee Horton, III failed to file an objection and the time for doing so has since expired. Having reviewed the report and recommendation, the court concludes that the motions are well taken and hereby adopts, as its own opinion, the magistrate judge's report and recommendation.
Based on the foregoing, it is ordered that the report and recommendation of United States Magistrate Judge Robert H. Walker entered on May 15, 2015, be, and the same is hereby, adopted as the finding of this court, such that defendants' motion for summary judgment on the issue of exhaustion is granted. Alternatively, the court grants defendants' motion to dismiss for failure to state a claim upon which relief may be granted.
A separate judgment will be entered in accordance with Rule 58 of the Federal Rules of Civil Procedure.