Brewington v. Daniels et al (INMATE 2), No. 2:2011cv00793 - Document 29 (M.D. Ala. 2012)
Court Description: OPINION and ORDER that it is ORDERED and ADJUDGED as follows: (1) ADOPTING 27 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) the defendants' Motion for Summary Judgment be and is hereby GRANTED to the extent the defendants seek dism issal due to the plaintiff's failure to properly exhaust administrative remedies; (3) this case be and is hereby DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy available to him during his confinement in the Kilby Correctional Facility; and (4) no costs be and are TAXED herein. Signed by Honorable Judge Truman M. Hobbs on 11/30/12. (djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ALTERRA BREWINGTON, Plaintiff, v. D. DANIELS, et al., Defendants. ) ) ) ) ) ) ) CIV. ACT. NO. 2:11cv793-TMH (WO) OPINION and ORDER On November 7, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 27). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The defendants motion for summary judgment be and is hereby GRANTED to the extent the defendants seek dismissal due to the plaintiff s failure to properly exhaust administrative remedies; 3. This case be and is hereby DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. ยง 1997e(a) for the plaintiff s failure to properly exhaust an administrative remedy available to him during his confinement in the Kilby Correctional Facility;. and 4. No costs be and are TAXED herein. Done this the 30th day of November, 2012. /s Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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