United States District Court, W.D. Virginia, Roanoke Division
May 8, 2014
LEVI SPRINGER, Plaintiff,
SGT. ADAMS, et al., Defendants.
JAMES P. JONES, District Judge
This inmate civil rights action, brought under 42 U.S.C. §1983, is before the court upon the Report and Recommendation of United States Magistrate Judge Pamela Meade Sargent, prepared pursuant to 28 U.S.C. § 636(b). The Magistrate Judge has recommended that I deny defendants' Motion for Summary Judgment, which motion contends that the plaintiff failed to exhaust available administrative remedies before filing this action, as required under 42 U.S.C. § 1997e(a). The fourteen days allotted under § 636(b) for parties to object to the findings and recommendations in the Magistrate Judge's report have expired, and neither party has filed objections to the findings, conclusions, or recommended disposition in the report.
I have reviewed the report and find well taken its recommended conclusion that material facts remain in dispute as to whether plaintiff was frustrated in his attempts to exhaust administrative remedies.[*] Accordingly, it is hereby ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 158) is ACCEPTED. Because material facts remain in dispute as to the availability of administrative remedies, defendants' Motion for Summary Judgment (ECF No. 133) is DENIED.