Lively v. Olsen et al (INMATE 2), No. 1:2012cv00795 - Document 53 (M.D. Ala. 2015)

Court Description: ORDER AND OPINION ADOPTING 52 REPORT AND RECOMMENDATION of the Magistrate Judge; directing that (1) the defendants' granting 17 , 24 ] Motion to Dismiss is GRANTED to the extent that defendants seek dismissal of this case due to plf's failure to exhaust an administrative remedy available to him at the Dale County Jail prior to initiating this cause of action; (2) this case is DISMISSED with prejudice under 42 USC 1997e(a) for plf's failure to exhaust an administrative remedy available to him at the Dale County Jail; and (3) no cost are taxed. Signed by Honorable Judge W. Harold Albritton, III on 9/15/15. (djy, )

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Lively v. Olsen et al (INMATE 2) Doc. 53 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER C. LIVELY, #291731, Plaintiff, v. SHERIFF WALLY OLSEN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:12cv795-WHA ORDER AND OPINION On August 20, 2015, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 52). 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. Defendants’ motion to dismiss (Doc. # # 17, 24) is GRANTED to the extent that defendants seek dismissal of this case due to plaintiff’s failure to exhaust an administrative remedy available to him at the Dale County Jail prior to initiating this cause of action; 2. This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for plaintiff’s failure to exhaust an administrative remedy available to him at the Dale County Jail; and 3. No cost are taxed. Dockets.Justia.com Done this the 15th day of September, 2015. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE 2

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