Gaskins v. Montgomery Department of Correction et al

Filing 18

ORDER adopting 17 Report and Recommendations; that defendant's 15 Motion for Summary Judgment is GRANTED to the extent Defendant seeks dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy previo usly available to him at the Houston County Jail; 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. Signed by Honorable Truman M. Hobbs on 4/6/2010. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JERRY JEROME GASKINS, P la in ti ff , v. ANDY HUGHES, Defendant. ) ) ) ) ) ) ) ) ) O RDER The Magistrate Judge entered a Recommendation (Doc. #17) in this case to which no timely objection has 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 (Doc. #17) of the Magistrate Judge is ADOPTED. It is further ORDERED that Defendant's Motion for Summary Judgment (Doc. #15) is GRANTED to the extent Defendant seeks dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail. It is further ORDERED 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 CASE NO. 1:09-cv-1058-TMH remedies. Done this 6th day of April, 2010. /s/ Truman M. Hobbs UNITED STATES DISTRICT JUDGE 2

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