Lively v. Olsen et al (INMATE 2)

Filing 53

ORDER AND OPINION ADOPTING 52 REPORT AND RECOMMENDATION of the Magistrate Judge; directing that (1) the defendants' granting 17 , 24 ] Motion to Dismiss is GRANTED to the extent that defendants seek dismissal of this case due to plf's failure to exhaust an administrative remedy available to him at the Dale County Jail prior to initiating this cause of action; (2) this case is DISMISSED with prejudice under 42 USC 1997e(a) for plf's failure to exhaust an administrative remedy available to him at the Dale County Jail; and (3) no cost are taxed. Signed by Honorable Judge W. Harold Albritton, III on 9/15/15. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHRISTOPHER C. LIVELY, #291731,
Plaintiff,
v.
SHERIFF WALLY OLSEN, et al.,
Defendants.

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CIVIL ACTION NO. 1:12cv795-WHA

ORDER AND OPINION
On August 20, 2015, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 52). 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.

Defendants’ motion to dismiss (Doc. # # 17, 24) is GRANTED to the extent

that defendants seek dismissal of this case due to plaintiff’s failure to exhaust an
administrative remedy available to him at the Dale County Jail prior to initiating this cause
of action;
2.

This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for

plaintiff’s failure to exhaust an administrative remedy available to him at the Dale County
Jail; and
3.

No cost are taxed.

Done this the 15th day of September, 2015.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE

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