Forsythe v. Lt. Kirsey et al (INMATE 1)

Filing 35

ORDER, JUDGMENT and DECREE of the court that: 1) The plf's 33 Objection to the Recommendation of the Magistrate Judge is overruled; 2) The 32 Recommendation of the Magistrate Judge is adopted; 3) The dfts' motion for summary judgment is GRANTED to the extent the dfts seek dismissal of this case due to the plf's failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail; and 4) This case is dismissed with prejudice in accordance with the provisions of 42 USC § 1997e(a) for the plf's failure to properly exhaust an administrative remedy provided to him during his confinement in the Houston County Jail as this remedy is no longer available to him with respect to the claim presented in this cause of action. Signed by Honorable Judge Truman M. Hobbs on 9/25/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
GREGORY FORSYTHE, #206657,
Plaintiff,
v.
LT. KIRSEY, et al.,
Defendants.

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CASE NO. 1:12-cv-0033-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. #33) filed on June 26, 2013 to the Recommendation
of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #32) filed on June 13, 2013
is adopted;
3. The defendants’ motion for summary judgment is GRANTED to the extent 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 Houston County Jail; and
4. This case is 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 Houston County Jail as this remedy is no
longer available to him with respect to the claim presented in this cause of action.
DONE this the 25th day of September, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE