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Ballard v. Reed

October 23, 2007

ABYSSINIA BALLARD ADC #134308 PLAINTIFF
v.
DALE REED, ET AL. DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Henry L. Jones and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings.

Accordingly,

IT IS, THEREFORE, ORDERED that Defendants' Motion for Judgment on the Pleadings (Docket No. 45) be, and it is hereby GRANTED.

IT IS FURTHER ORDERED that Plaintiff's Complaint be, and it is hereby, DISMISSED without prejudice to re-file after exhaustion of his available remedies, and that this dismissal should be considered a "strike" within the meaning of the PLRA.*fn1

IT IS SO ORDERED this 23rd day of ...


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