Rife v. Jones

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Daniel Rife,

Plaintiff,

v. Case No. 1:22-cv-00144

J Jones, Judge Michael R. Barrett

Defendant.

ORDER

This matter is before the Court on the Magistrate Judge's Report and Recommendation ("R&R"). (Doc. 22). Proper notice has been given to Plaintiff under 28 U.S.C. § 636(b)(1)(C), including notice that he would waive further appeal if he failed to file objections to the R&R in a timely manner. (Doc. 8); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the R&R have been filed, and the time to file any objections has now passed. See S.D. Ohio Civ. R. 7.2(a)(2). In light of the foregoing, it is hereby ORDERED that the R&R (Doc. 22) is ADOPTED in full. Consistent with that R&R, it is ORDERED that, Defendant’s Motion to Dismiss (Doc. 11) is GRANTED IN PART—and converted to a Motion for Summary Judgment under Rule 56, and this case is DISMISSED based upon Plaintiff’s undisputed failure to administratively exhaust his claim prior to filing suit—and DENIED IN PART as moot as to Defendant’s alternative arguments. IT IS SO ORDERED. _/s Michael R. Barrett________ Michael R. Barrett, Judge United States District Court