Oden v. Kilgore et al, No. 1:2017cv00891 - Document 44 (N.D. Ala. 2019)
Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 43 Magistrate Judge's Report and Recommendation. Signed by Chief Judge Karon O Bowdre on 8/19/2019. (JLC)
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Oden v. Kilgore et al Doc. 44 FILED 2019 Aug-19 AM 09:44 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION DAMON ODEN, Plaintiff, v. SHERIFF JIMMY KILGOR, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-00891-KOB-HNJ MEMORANDUM OPINION The magistrate judge filed a report on July 1, 2019, construing the defendants’ motion for summary judgment as a motion to dismiss and recommending the motion be granted and the claims be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for failing to exhaust administrative remedies. (Doc. 43). Although the parties were advised of their right to file specific written objections within fourteen days, 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 hereby ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Accordingly, the defendants’ motion to dismiss is due to be granted and the plaintiff’s claims are Dockets.Justia.com due to be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for failing to exhaust administrative remedies. The court will enter a separate Final Order. DONE and ORDERED this 19th day of August, 2019. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2
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