Order Denying Motion To Reinstate

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Case 1:03-cv-00180-REB-CBS
Document 89
Filed 01/17/2008
Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 03-cv-00180-REB-CBS
MOHAMMED SALEH,
Plaintiff,
v.
J. E. GUNJA, Warden, et al,
Defendants.
ORDER DENYING MOTION TO REINSTATE
Blackburn, J.
This matter is before me on the plaintiff’s Motion To Reinstate [#86], filed
March 13, 2007. The motion is denied.
I. BACKGROUND
This case began when the plaintiff, Mohammed Saleh, filed a complaint in which
he asserted three claims for relief. On July 15, 2004, the Magistrate Judge assigned to
this case filed a recommendation in which he recommended that Saleh’s complaint be
dismissed. Applying the law as it stood at the time of the recommendation, the
magistrate judge recommended, inter alia, that Saleh’s first claim for relief be dismissed
because Saleh had not exhausted available administrative remedies as to his first claim
for relief. Recommendation of United States Magistrate Judge [#63], filed July 15,
2004. The Magistrate Judge concluded that Saleh had not exhausted his
administrative remedies as to his first claim for relief because Saleh did not name in the

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