Wooten v. Bureau of Prisons et al, No. 1:2014cv00206 - Document 25 (N.D. Ala. 2015)

Court Description: MEMORANDUM OF OPINION adopting 24 REPORT AND RECOMMENDATIONS. Signed by Judge Abdul K Kallon on 10/27/2015. Copy served on plff.(YMB)
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Wooten v. Bureau of Prisons et al Doc. 25 FILED 2015 Oct-27 PM 01:36 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION RONALD DEAN WOOTEN, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) Case Number 4:14-cv-00206-AKK-JHE ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on September 1, 2015, recommending that the defendant’s motion for summary judgment be granted due to the plaintiff’s failure to exhaust his administrative remedies as required by the Federal Tort Claims Act, 28 U.S.C. § 1346. Doc. 24. Although the parties were allowed fourteen (14) days to file objections, the court has received no objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge’s report is due to be and is hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, to the extent the plaintiff’s claims are based on the October 24, 2012 Administrative Decision, summary judgment is due to be GRANTED because no genuine issues of material fact remain and the defendant is Dockets.Justia.com entitled to judgment in its favor on any such claims. To the extent the plaintiff’s claims are based on injuries he sustained after the October 24, 2012 Administrative Decision, those claims are due to be DISMISSED WITHOUT PREJUDICE due to the plaintiff’s failure to exhaust his administrative remedies. A Final Judgment will be entered. DONE the 27th day of October, 2015. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE