Turner v. Prince et al
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|Date Filed||#||Document Text|
|September 14, 2011
RULING Adopting Report and Recommendation of the U.S. Magistrate Judge. Accordingly, the plaintiffs claims asserted against defendants Matthew Gamble and Sanket Veas are DISMISSED for failure of the plaintiff to serve these defendants within 120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. Further, the plaintiffs 19 Motion for Summary Judgment is DENIED, and the defendants 18 Motion for Summary Judgment is GRANTED, dismissing the plaintiffs claims asserted against t he defendant, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to his refiling of the same claim or claims in forma pauperis.. Signed by Judge James J. Brady on 9/14/2011. (CMM)
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