Herring v. Houston County Jail et al (INMATE1)(LEAD CASE)

Filing 45

OPINION AND ORDER adopting the 42 Recommendation of the Magistrate Judge; granting the 32 defendant's motion for summary judgment to the extent that the defendants seek dismissal of this case due to the plaintiff's failure to properly e xhaust an administrative remedy previously available to him at the Houston County Jail; dismissing the case with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to properly exhaust an administ rative remedy provided to him during his confinement in the Houston County Jail as such remedy is no longer available to him with respect to the claims presented in this cause of action; taxing costs against the plaintiff. Signed by Honorable Truman M. Hobbs on 3/3/2010. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION

T O D D HERRING, P l a in tif f , v.

O F F IC E R SHELLY, et al., D e f e n d a n ts . ___________________________________ T O D D HERRING, P l a in tif f , v.

) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:08-cv-399-TMH

H O U S T O N COUNTY, et al., D e f e n d a n ts .

) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:08-cv-443-TMH (WO)

O P I N I O N and ORDER O n January 20, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 42). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: 1. T h e Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

T h e defendants' motion for summary judgment be and is hereby GRANTED

to the extent that the defendants seek dismissal of this case due to the plaintiff's failure to pro pe rly exhaust an administrative remedy previously available to him at the Houston County Ja il; 3. T h is case be and is hereby DISMISSED with prejudice in accordance with the

p ro v is io n s of 42 U.S.C. § 1997e(a) for the plaintiff's failure to properly exhaust an a d m in istra tiv e remedy provided to him during his confinement in the Houston County Jail a s such remedy is no longer available to him with respect to the claims presented in this c a u se of action; 4. C o s ts be and are hereby TAXED against the plaintiff.

A n appropriate judgment will be entered. D o n e this the 3 r d day of March, 2010. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE