Johnson v. McCarty et al (INMATE2)

Filing 19

ORDERED that: (1) The 18 Recommendation of the Magistrate Judge is adopted; (2) The 9 Motion for Summary Judgment is granted to the extent that defendants seek dismissal of this case due to plaintiff's failure to exhaust an administrative remedy; (3) This case is dismissed without prejudice as further set out; and (4) No costs are taxed. Signed by Honorable Myron H. Thompson on 12/31/2008. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION AUDIE JAMES JOHNSON, #59734, Plaintiff, v. COMMANDER MCCARTY, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER On December 2, 2008, the magistrate judge filed a recommendation in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED and ADJUDGED that the recommendation of the magistrate judge (Doc. # 18) is adopted and that: 1. Defendants' motion for summary judgment (Doc. # 9) is granted to the extent

CIVIL ACTION NO. 1:07cv52-MHT (WO)

that defendants seek dismissal of this case due to plaintiff's failure to exhaust an administrative remedy; 2. This case is dismissed without prejudice in accordance with the provisions of

42 U.S.C. §1997e(a), Woodford v. Ngo, ___ U. S. ___, 126 S. Ct. 2378 (2006); and 3. No costs are taxed.

DONE, this the 31st day of December, 2008. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE