McDowell v. Hughes et al (INMATE2)

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS; granting 16 Motion to Dismiss to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy available to him at the Houston County J ail; that this case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) due to Plaintiff's failure to exhaust an administrative remedy available to him at the Houston County Jail. Signed by Honorable W. Harold Albritton, III on 3/1/2011. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION OSCAR PRENTICE McDOWELL, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #22) 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 as follows: a. b. the Recommendation (Doc. #22) of the Magistrate Judge is ADOPTED; the motion to dismiss filed by Defendants (Doc. #16) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy available to him at the Houston County Jail; and b. this case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) due to Plaintiff's failure to exhaust an administrative remedy available to him at the Houston County Jail. CASE NO. 1:09-cv-376-WHA (WO) SHERIFF ANDY HUGHES, et al., Defendants. A separate judgment shall issue. Done this 1st day of March, 2011. /s/ W. Harold Albritton UNITED STATES DISTRICT JUDGE 2

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