Oglesby v. Talladega County Jail, No. 1:2016cv00883 - Document 28 (N.D. Ala. 2018)
Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/2/2018. (AFS)
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Oglesby v. Talladega County Jail Doc. 28 FILED 2018 Jul-02 PM 01:46 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION TRACY MICHAEL OGLESBY, Plaintiff, v. SERGEANT MATTHEW COTTNEY, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number 1:16-cv-00883-AKK-TMP MEMORANDUM OPINION The magistrate judge filed a report on May 17, 2018, recommending that Defendants Cotney and Denham’s motion for summary judgment be treated as a motion to dismiss and the motion be granted and the claims be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for the Plaintiff’s failure to exhaust administrative remedies. Doc. 27. The magistrate judge further recommended that the Plaintiff’s claims against Defendants King, Williams, and Otis be dismissed without prejudice for want of service of process. Id. Although the magistrate judge advised the Plaintiff of his right to file specific written objections within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, Dockets.Justia.com Defendants Cotney and Denham’s motion for summary judgment should treated as a motion to dismiss and the motion is due to be granted pursuant to 42 U.S.C. § 1997e(a). The Plaintiff’s claims against Defendants King, Williams, and Otis are due to be dismissed for want of service of process. DONE the 2nd day of July, 2018. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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