Atkins v. Blount County Jail et al, No. 2:2015cv00229 - Document 34 (N.D. Ala. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/5/2016. (PSM)
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Atkins v. Blount County Jail et al Doc. 34 FILED 2016 Dec-05 PM 04:18 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL DALE ATKINS, Plaintiff, v. BLOUNT COUNTY JAIL, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-00229-LSC-JEO MEMORANDUM OPINION The magistrate judge filed a report on November 14, 2016, recommending the defendants’ motion for summary judgment be treated as a motion to dismiss. (Doc. 33). The magistrate judge further recommended that the defendants’ motion to dismiss 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. (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. Therefore, this Dockets.Justia.com action is due to be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for the plaintiff’s failure to exhaust administrative remedies. A Final Judgment will be entered. DONE and ORDERED on December 5, 2016. _____________________________ L. Scott Coogler United States District Judge 160704 2
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