Owens v. Armstrong et al (INMATE 1)

Filing 34

ORDERED that: (1) The 33 Objection to the Recommendation of the Magistrate Judge is OVERRULED; (2) The 32 Recommendation of the Magistrate Judge is ADOPTED; (3) The defendants' Motion for Summary Judgment is GRANTED to the extend defendants seeks dismissal of this case due to the plaitniff's fialure to properly exhaust an administrative remedy previously available to him at the Henry County Jail; and (4) This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Henry County Jail. Signed by Honorable Ira De Ment on 1/11/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION F R E D E R IC K OWENS, #170249, P la in tiff, v. L A W T O N F. ARMSTRONG, et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:09-CV-607-ID ORDER O n December 16, 2009, the Magistrate Judge filed a Report and Recommendation in this case. (Doc. #32.) After an independent review of the file, it is hereby C O N S ID E R E D and ORDERED that: 1 . The plaintiff's objection (Doc. # 33) to the Recommendation of the Magistrate J u d g e , filed on December 28, 2009, be and the same is hereby OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #32) filed on December 16, 2 0 0 9 , be and the same is hereby ADOPTED; 3 . The defendants' motion for summary judgment be and the same is hereby G R A N T E D to the extent defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Henry C o u n ty Jail; 4 . This case be and the same is hereby DISMISSED with prejudice in accordance with th e provisions of 42 U.S.C. 1997e(a) for the plaintiff's failure to properly exhaust an a d m in is tra tiv e remedy previously available to him at the Henry County Jail. D O N E this the 11th day of January, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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