Jones v. Corizon et al (INMATE 1), No. 2:2014cv00606 - Document 36 (M.D. Ala. 2014)

Court Description: ORDER ADOPTING 35 Recommendation; Defendants' Motion to Dismiss is GRANTED to the extent Defendants seek dismissal of this action based upon Plaintiffs failure to exhaust properly an administrative remedy available to him prior to filing this federal civil action; and (3) this action is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiffs failure to properly exhaust an available administrative remedy.An appropriate final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 11/21/2014. (dmn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TYRUS JONES, # 287250, Plaintiff, v. CORIZON, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:14-CV-606-WKW [WO] ORDER On October 24, 2014, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 35.) Upon an independent review of the file in this case, it is ORDERED as follows: (1) the Recommendation (Doc. # 35) is ADOPTED; (2) Defendants’ motion to dismiss is GRANTED to the extent Defendants seek dismissal of this action based upon Plaintiff’s failure to exhaust properly an administrative remedy available to him prior to filing this federal civil action; and (3) this action is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust an available administrative remedy. An appropriate final judgment will be entered separately. DONE this 21st day of November, 2014. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE