Jackson v. Houston County Jail (INMATE1) LEAD

Filing 51

ORDER AND OPINION that the Recommendation of the Magistrate Judge beand is hereby ADOPTED and that: 1. To the extent the defendants seek dismissal on exhaustion grounds of all claims except the claim of interference with legal mail, the defendants� 39; motion for summary judgment is GRANTED due to the plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail. 2. With respect to the claim alleging improper interference with legal mail, the defendants' motion for summary judgment is GRANTED. 3. These cases are DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 12/7/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL JACKSON, #271414, Plaintiff, v. ANDY HUGHES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:09cv1153-TMH CIVIL ACTION NO. 1:09cv1173-TMH ORDER AND OPINION On November 7, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 50). Upon an independent review of the 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 and is hereby ADOPTED and that: 1. To the extent the defendants seek dismissal on exhaustion grounds of all claims except the claim of interference with legal mail, the defendants’ motion for summary judgment is GRANTED due to the plaintiff’s failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail. 2. With respect to the claim alleging improper interference with legal mail, the defendants’ motion for summary judgment is GRANTED. 3. These cases are DISMISSED with prejudice. Done this the 7 th day of December, 2011. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2

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