Barber v. Miorania et al, No. 5:2015cv01664 - Document 57 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/2/2017. (PSM)
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Barber v. Miorania et al Doc. 57 FILED 2017 Mar-02 AM 09:30 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DONALD JOE BARBER, Plaintiff, v. ADAM UNKNOWN, WARDEN POTTER, and DEPUTY CAMPBELL, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 5:15-cv-01664-LSC-SGC MEMORANDUM OPINION The magistrate judge filed a report on February 3, 2017, recommending the defendants’ motions for summary judgment be treated as motions to dismiss pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust administrative remedies and that the same be granted. (Doc. 56). Although the parties were advised of their right to file specific written objections within fourteen 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, the court ORDERS that the defendants’ motions for summary judgment be construed as motions to dismiss pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust Dockets.Justia.com administrative remedies and the same be GRANTED and the claims be DISMISSED WITH PREJUDICE. A final judgment will be entered separately. DONE and ORDERED on March 2, 2017. _____________________________ L. Scott Coogler United States District Judge 160704 2