Jackson v. Hughes et al (INMATE1)

Filing 29

ORDER adopting 28 Report and Recommendations; granting 17 Motion for Summary Judgment to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail; dismissing this case with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff's failure to properly exhaust an administrative 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 the this cause of action; that a separate judgment shall issue. Signed by Honorable Judge Truman M. Hobbs on 12/6/2011. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
PATRICK JACKSON,
Plaintiff,
v.

ANDY HUGHES, et al.,
Defendants.

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CIVIL ACTION NO. 1:09-CV-276-TMH
[WO]

ORDER
The Magistrate Judge entered a Recommendation (Doc. #28) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1. The Recommendation (Doc. #28) of the Magistrate Judge is ADOPTED;
2. Defendants’ motion for summary judgment (Doc. #17) is GRANTED to the extent
Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust an
administrative remedy previously available to him at the Houston County Jail; and
3. This case is DISMISSED with prejudice in accordance with the provisions of 42
U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust an administrative 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 the this cause of action.

A separate judgment shall issue.
Done this 6th day of December, 2011.

/s/ Truman M. Hobbs
_______________________________
UNITED STATES DISTRICT JUDGE