McNeal v. Houston County Jail et al (INMATE 1)

Filing 19

ORDER AND OPINION ADOPTING 18 REPORT AND RECOMMENDATION and the defendants' motion for summary judgment is GRANTED to the extent that defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust administrative remedies previously available to him at the Houston County Jail. 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 administrative remedies previously available to him at the Houston County Jail. Signed by Honorable Truman M. Hobbs on 11/16/2009. (dmn)

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

A N T O N IO McNEAL, P l a in tif f , v. A N D Y HUGHES, et al., D e f e n d a n ts .

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C IV IL ACTION NO. 1:09cv641-TMH

O R D E R AND OPINION O n October 21, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 18). 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 th a t defendants seek dismissal of this case due to the plaintiff's failure to p ro p e rly exhaust administrative remedies previously available to him at the H o u sto n 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

a d m in is tra tiv e remedies previously available to him at the Houston County J a il. Done this the 16 th day of November, 2009.

/s / Truman M. Hobbs _ _ _ _ _ _ ______________________ _ _ _ _ _ _ _ _ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE

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