Forsythe v. City of Dothan et al (INMATE1)

Filing 17

ORDERED as follows: a) the 16 Recommendation of the Magistrate Judge is ADOPTED; b) the 11 Motion to Dismiss filed by Dfts is GRANTED to the extent dfts seek dismissal of this case due to the plaintiffs failure to properly exhaust an administrati ve remedy previously available to him at the Dothan City Jail; and c) this case is DISMISSED with prejudice in accordance with the provisions of 42 USC § 1997e(a) due to Plf's failure to properly exhaust an administrative remedy as such remedy is no longer available to him. Signed by Chief Judge William Keith Watkins on 7/29/2011. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
GREGORY FORSYTHE,
Plaintiff,
v.

CITY OF DOTHAN, et al.,
Defendants.

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CASE NO. 1:10-cv-1063-ID
(WO)

ORDER
The Magistrate Judge entered a Recommendation (Doc. #16) 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 as follows:
a.

the Recommendation (Doc. #16) of the Magistrate Judge is ADOPTED;

b.

the motion to dismiss filed by Defendants is GRANTED to the extent
defendants seek dismissal of this case due to the plaintiff’s failure to properly
exhaust an administrative remedy previously available to him at the Dothan
City Jail; and

c.

this case is DISMISSED with prejudice in accordance with the provisions of
42 U.S.C. § 1997e(a) due to Plaintiff’s failure to properly exhaust an

administrative remedy as such remedy is no longer available to him.
A separate judgment shall issue.
Done this 29th day of July, 2011.

/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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