Williams v. Buchmann et al(INMATE1), No. 1:2009cv00312 - Document 35 (M.D. Ala. 2009)

Court Description: ORDER AND OPINION: It is ORDERED and ADJUDGED that the 33 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED and that: 1. The defendants' Motion for Summary Judgment is GRANTED to the extent the defendants seek dismissa l of this case due to plaintiff's failure to exhaust an administrative remedy previously available to him at the Houston County Jail. 2. This case is 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 Houston County Jail. Signed by Honorable Truman M. Hobbs on 12/9/2009. (dmn)
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TEVIN DAMORIO WILLIAMS, Plaintiff, v. K. LANDREAU, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:09cv312-TMH ORDER AND OPINION On November 3, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 33). 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 that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The defendants motion for summary judgment is GRANTED to the extent the defendants seek dismissal of this case due to plaintiff s failure to exhaust an administrative remedy previously available to him at the Houston County Jail. 2. This case is 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 Houston County Jail. Done this the 9th day of December, 2009. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2