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Baez v. Alston

United States District Court, S.D. Georgia, Statesboro Division

August 22, 2014

ROBERTO BAEZ, Plaintiff,
v.
DR. MARY ALSTON, Defendant.

ORDER

B. AVANT EDENFIELD, District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections, as supplemented. Plaintiff also filed a Motion to Introduce Evidence and a Motion to Show Cause. Plaintiff has also filed a Motion for Reconsideration, in which he asks the Court to review the assertions contained in this Motion as if they were a timely objection to the Magistrate Judge's Report and Recommendation. Plaintiffs Motions, (doc. nos. 56, 58, 63), are GRANTED, but only to the extent the undersigned considered the assertions contained in these Motions in ruling on Plaintiffs Objections to the Magistrate Judge's Report and Recommendation.

Plaintiff asserts that the Magistrate Judge's Report and Recommendation addresses only one (1) of the grievances he filed. The Magistrate Judge's Report discusses the one (1) grievance Plaintiff filed before he filed this cause of action, as that is the only grievance which is related to the events giving rise to the cause of action Plaintiff filed. The second grievance was filed after Plaintiff filed his Complaint in this Court, and the contentions set forth in that grievance are not related to the contentions set forth in the Complaint. (Doc. No. 49, pp. 23). The undersigned notes Plaintiff's averments regarding perjury. Plaintiff makes only conclusory allegations in this regard, and his allegations are disregarded.

Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendant's Motion to Dismiss is GRANTED. Plaintiff's Complaint is DISMISSED, without prejudice, based on his failure to exhaust his administrative remedies prior to the filing of this cause of action. Plaintiff's Request for Arrest Warrant, (doc. no. 60), and Motion for Sanction (doc. no. 62), are DENIED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED.


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