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Jackson v. Bertcsh

United States District Court, D. North Dakota, Southeastern Division

June 4, 2015

Roger Jerome Jackson, N.A C.G. = Native rights, Plaintiff,
v.
Leann Bertsch, DOCR Director, Don Redmann, Warden, and Mark Haines, Chaplain, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT.

Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that the court grant the defendants’ motion to dismiss and that the complaint be dismissed without prejudice because Jackson failed to exhaust his administrative remedies.[1] Jackson has not objected to the Report and Recommendation within the prescribed time period.

After reviewing the record and considering the magistrate judge’s Report and Recommendation, the court finds the magistrate judge’s analysis of the claims and recommendations for disposition are appropriate. Accordingly, the court hereby adopts the Report and Recommendation in its entirety. For the reasons stated therein, the defendants’ motion to dismiss[2] is GRANTED and Jackson’s complaint[3] is DISMISSED without prejudice.

The court finds that any appeal would be frivolous, cannot be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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