Pouncey v. McCory (INMATE2)
Filing
33
ORDER that: 1. The plaintiff's objection 27 filed on September 20, 2013 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge 23 entered on August 27, 2013 is adopted; 3. Defendant's motions for summary judgment 6 & 17 are GRANTED as further set out; 4. This case be DISMISSED with prejudice as further set out. Signed by Honorable Judge Truman M. Hobbs on 9/30/2013. (jg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERRENCE POUNCEY,
Plaintiff,
v.
MAMIE McCORY,
Defendant.
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CASE NO. 1:11-cv-0707-TMH
[WO]
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1.
The plaintiff's objection (Doc. #27) filed on September 20, 2013 to the
Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #23) entered on August 27,
2013 is adopted;
3. Defendant's motions for summary judgment (Doc. Nos. 6 & 17) are GRANTED
to the extent Defendant seeks dismissal of this case due to Plaintiff’s failure to properly
exhaust an administrative remedy available to him at the Dothan City Jail with regard to the
allegations presented in the complaint and amendment thereto; and
4. This case be DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiff’s
failure to exhaust an available administrative remedy prior to filing suit.
Done, this 30th day of September 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE
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