Williams v. Houston County (INMATE1)

Filing 35

ORDER AND OPINION: It is ORDERED and ADJUDGED that the 33 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED and that: 1. The defendants' Motion for Summary Judgment is GRANTED to the extent the defendants seek dismissa l of this case due to plaintiff's failure to exhaust an administrative remedy previously available to him at the Houston County Jail. 2. This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy available to him during his confinement in the Houston County Jail. Signed by Honorable Truman M. Hobbs on 12/9/2009. (dmn)

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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 E V IN DAMORIO WILLIAMS, P l a in tif f , v. K . LANDREAU, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 1:09cv312-TMH O R D E R AND OPINION O n November 3, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 33). 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 that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e defendants' motion for summary judgment is GRANTED to the extent the d e f en d a n ts seek dismissal of this case due to plaintiff's failure to exhaust an administrative re m e d y previously available to him at the Houston County Jail. 2. T h is case is DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. 1997e(a) for the plaintiff's failure to properly exhaust an administrative remedy a v a ila b le to him during his confinement in the Houston County Jail. D o n e this the 9th day of December, 2009. /s / Truman M. Hobbs _____________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________ S E N IO R UNITED STATES DISTRICT JUDGE 2

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