English v. Valenza et al (INMATE 1)

Filing 40

ORDER ADOPTING 39 REPORT AND RECOMMENDATION of the Magistrate Judge; GRANTING defendants' 33 Motion to Dismiss on grounds that plf failed to exhaust an administrative remedy available to him during his confinement at the Houston County Jail prior to initiating this action; the dismissal is with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a). Signed by Chief Judge William Keith Watkins on 9/1/15. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONALD GENE ENGLISH,
Plaintiff,
v.
DONALD J. VALENZA, et al.,
Defendants.

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CASE NO. 1:15-CV-173-WKW
[WO]

ORDER
The Magistrate Judge entered a Recommendation (Doc. # 39) to which no
timely objections have been filed. After an independent review of the record, the
court finds that the Recommendation is due to be adopted. Accordingly, it is
ORDERED that the Recommendation (Doc. # 39) is ADOPTED and that
Defendants’ motion to dismiss is GRANTED on grounds that Plaintiff failed to
exhaust an administrative remedy available to him during his confinement at the
Houston County Jail prior to initiating this action. The dismissal is with prejudice
in accordance with the provisions of 42 U.S.C. § 1997e(a).
A final judgment will be entered separately.
DONE this 1st day of September, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE