Friend v. Pelfery, et al (INMATE 1), No. 3:2012cv00330 - Document 20 (M.D. Ala. 2012)
Court Description: OPINION and ORDER directing that, upon an independent review of the file in this case and upon consideration of the 19 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: (1) The 19 Recommendation of the Magistrate Judge be and is hereby ADOPTED; (2) The defendants' 14 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 an administrative remedy previousl y available to him at the Russell County Jail; (3) This case be and is hereby DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to properly exhaust an administrative remedy provid ed to him during his confinement in the Russell County Jail as this remedy is no longer available to him with respect to the claim presented in this cause of action. Signed by Honorable Judge Truman M. Hobbs on 10/4/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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