Egan v. Coffee County Jail Staff et al (INMATE 1)

Filing 29

ORDER adopting the 24 RECOMMENDATION OF THE MAGISTRATE JUDGE; granting the 22 Motion to Dismiss to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy currently available to him at the Coffee County Jail; dismissing the case without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) due to the Plaintiff's failure to exhaust administrative remedies. Signed by Honorable Ira De Ment on 3/17/2010. (br, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION CLARENCE EARL EGAN, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. No. 24) 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 believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION of the Magistrate Judge is ADOPTED. It is further ORDERED that Defendants' Motion to Dismiss (Doc. No. 22) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy currently available to him at the Coffee County Jail. It is further O R DERED that this case is DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. 1997e(a) due to the Plaintiff's failure to exhaust administrative remedies. CASE NO. 1:09-cv-1009-ID OFFICER LYNN, et al., Defendants. Done this 17th day of March, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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