Sanders v. Hughes et al (INMATE2)

Filing 26

ORDER, JUDGMENT and DECREE of the court that: (1) ADOPTING 25 REPORT AND RECOMMENDATION of the Mag Judge ; (2) defendants' 20 Motion for Summary Judgment is GRANTED to the extent defendants seek dismissal of this case due to plf's failu re to properly exhaust and administrative remedy previously available to him at the Houston County Jail; (3) this case is DISMISSED with prejudice in accordance with the provisions of 42 USC 1997e(a) for plf's failure to exhaust an administrative remedy available to him during his confinement in the Houston County Jail. Signed by Honorable Judge Mark E. Fuller on 11/29/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
MALCOLM SANDERS, #251043,
Plaintiff,
v.
LEARY, STAFF, et al.,
Defendants.

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CASE NO. 1:09-cv-1045-MEF

ORDER
On October 27, 2011, the Magistrate Judge filed a Recommendation (Doc. #25) in
this case to which no timely objections have been filed. Upon an independent review of the
file in this case and upon consideration of the Recommendation of the Magistrate Judge, it
is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. Defendants' motion for summary judgment (Doc. #20) is GRANTED to the extent
defendants seek dismissal of this case due to plaintiff's failure to properly exhaust an
administrative remedy previously available to him at the Houston County Jail.
3. This case is DISMISSED with prejudice in accordance with the provisions of 42
U.S.C. § 1997e(a) for plaintiff's failure to exhaust an administrative remedy available to him
during his confinement in the Houston County Jail.
th

DONE this the 29 day of November, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE