Taylor v. Hughes et al (INMATE 1), No. 2:2013cv00755 - Document 38 (M.D. Ala. 2014)
Court Description: OPINION and ORDER, that it is ORDERED and ADJUDGED as follows: (1) the 37 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED; (2) the defendants' 19 Motion to Dismiss be and is hereby GRANTED as the plaintiff has f ailed to properly exhaust an administrative remedy previously available to him at the Covington County Jail prior to filing this federal civil action; and (3) This case be and is hereby DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. 1997e(a) for the plaintiff's failure to properly exhaust an administrative remedy provided to him during his confinement in the Covington County Jail as this remedy is no longer available to him with respect to the claims presented in this action. Signed by Honorable Judge W. Harold Albritton, III on 7/14/14. (djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PRINCETON T. TAYLOR, Plaintiff, v. PRESTON HUGHES, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv755-TMH (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on June 24, 2014, (doc. # 37), that this case be dismissed with prejudice. After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be adopted. Accordingly, it is ORDERED and ADJUDGED as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The defendants motion to dismiss be and is hereby GRANTED as the plaintiff has failed to properly exhaust an administrative remedy previously available to him at the Covington County Jail prior to filing this federal civil action; and 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 provided to him during his confinement in the Covington County Jail as this remedy is no longer available to him with respect to the claims presented in this action. An appropriate judgment will be entered. Done this the 14th day of July, 2014. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE
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