Barkley v. City of Dothan et al (INMATE 1)

Filing 18

OPINION and ORDER: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The defendants' motion for summary judgment be and is hereby GRANTED as further set out; 3. This case be and is hereby DISMISSED with prejudice as further set out; 4. Costs of this proceeding be and are hereby TAXED against the plaintiff for which execution may issue. An appropriate judgment will be entered. Signed by Honorable Judge Truman M. Hobbs on 9/25/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANDREW KEITH BARKLEY,
Plaintiff,
v.
CITY OF DOTHAN, et al.,
Defendants.

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CIVIL ACTION NO. 1:11cv737-TMH
(WO)

OPINION and ORDER
This litigation is now before the court on the recommendation of the United States
Magistrate Judge entered on July 12, 2013, (Doc. # 17), that this case be dismissed with
prejudice. After a review of the recommendation, to which no timely objections have been
filed, and after an independent review of the entire record, the court believes that the
recommendation should be adopted. Accordingly, it is
ORDERED and ADJUDGED as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

The defendants’ motion for summary judgment be and is hereby GRANTED

to the extent that the 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;
3.

This case be and is hereby DISMISSED with prejudice in accordance with the

provisions of 42 U.S.C. § 1997e(a) for the plaintiff’s failure to properly exhaust an
administrative remedy provided to him during his confinement in the Dothan City Jail as this

remedy is no longer available to him with respect to the claims presented in this cause of
action; and
4.

Costs of this proceeding be and are hereby TAXED against the plaintiff for

which execution may issue.
An appropriate judgment will be entered.
Done this the 25th day of September, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE