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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

COREY A. MCDOWELL BEY,

Plaintiff,

vs. Case No. 4:11cv22-RH/CAS

OFFICER BLAIR, 

and NURSE B. HENNING,

Defendants.

 /

ORDER and SECOND REPORT AND RECOMMENDATION

On May 29, 2012, a report and recommendation was entered, doc. 49, which

recommended granting the motion to dismiss filed by Defendants Blair and Henning,

doc. 46. It was concluded that Plaintiff failed to exhaust administrative remedies and,

thus, the case must be dismissed pursuant to 42 U.S.C. § 1997(e).

Nearly two weeks after the report and recommendation was entered, Plaintiff

filed a "Motion for Records and Time Enlargement." Doc. 50. The motion should be

denied in part. Plaintiff does not need copies of records because by Plaintiff's own

admission, doc. 48, he did not exhaust his claims against the Defendants. Plaintiff

does not need copies of the twelve other grievance appeals because those are

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unrelated to the claims in this case. See doc. 46, at 6; see also Ex. B (doc. 46-3); doc.

50, at 2. 

Plaintiff will, however, be provided an extension of time to file objections to the

report and recommendation. Plaintiff's objections are due by June 22, 2012.

Finally, Plaintiff has attempted to submit a fourth amended complaint. Plaintiff

did not request leave to do so, and the fourth amended complaint cannot be accepted. 

Moreover, because a recommendation is pending to dismiss the third amended

complaint, leave to submit a fourth amended complaint should be denied as futile.

Accordingly, it is

ORDERED:

1. Plaintiff's Motion for Records and Time Enlargement, doc. 50, is GRANTED

in part and DENIED in part.

2. Plaintiff shall have until June 22, 2012, to submit objections to the pending

report and recommendation, doc. 49. Plaintiff's request for records is DENIED.

DONE AND ORDERED on June 5, 2012.

S/ Charles A. Stampelos 

CHARLES A. STAMPELOS 

UNITED STATES MAGISTRATE JUDGE

RECOMMENDATION

In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's fourth

amended complaint, doc. 51, be DENIED because Plaintiff did not exhaust

administrative remedies pursuant to 42 U.S.C. § 1997(e), nor did Plaintiff seek leave to

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file a fourth amended complaint, and leave to file another amended complaint should

not be granted because the complaint is futile under 42 U.S.C. § 1997(e).

IN CHAMBERS at Tallahassee, Florida, on June 5, 2012.

 S/ Charles A. Stampelos 

CHARLES A. STAMPELOS

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv22-RH/CAS

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