Lewis v. Houston County Sheriff(INMATE 1)

Filing 44

ORDER directing that Mr. Lewis's 43 Objections to Report and Recommendation of the Magistrate Judge is OVERRULED; further ORDERING that the court's 38 Order of March 31 is VACATED and the March 17 35 Order and 36 Final Judgment are REINSTATED; the reinstated Order and final judgment shall be effective as of today's date so that Mr. Lewis, should he desire to do so, has time to file an appeal. Signed by Chief Judge William Keith Watkins on 5/30/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESSIE LEWIS, JR.,
Plaintiff,
v.
HOUSTON COUNTY SHERIFF,
Defendant.

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CASE NO. 1:16-CV-295-WKW
[WO]

ORDER
On March 17, 2017, the court entered an Order adopting the Magistrate
Judge’s Report and Recommendation (Doc. # 35) and a final judgment of dismissal
(Doc. # 36). Ten days later, on March 27, Plaintiff Jessie Lewis, Jr., moved to vacate
the judgment so that he could have an opportunity to respond to the Report and
Recommendation. (Doc. # 37.) The court granted Mr. Lewis’s motion on March
31, ordering that the March 17 Order and final judgment be held in abeyance pending
an opportunity for Mr. Lewis to make his objections. (Doc. # 38.) Mr. Lewis then
moved for an extension of time to file his objections, which the court granted. (Docs.
# 40, 41.) Mr. Lewis has filed his objection (Doc. # 43), which is due to be
overruled.

In his objection, Mr. Lewis offers a paltry two sentences, unsupported by any
evidence, to challenge the Magistrate Judge’s conclusion that Mr. Lewis failed to
exhaust his administrative remedies. (See Doc. # 43.) As Mr. Lewis was cautioned
in the Recommendation, such “frivolous, conclusive, or general objections will not
be considered.” (Doc. # 34 at 12.) Accordingly, it is ORDERED that Mr. Lewis’s
objection (Doc. # 43) is OVERRULED. It is further ORDERED that the court’s
March 31 Order (Doc. # 38) is VACATED and the March 17 Order and final
judgment (Docs. # 35, 36) are REINSTATED. The reinstated Order and final
judgment shall be effective as of today’s date so that Mr. Lewis, should he desire to
do so, has time to file an appeal.
DONE this 30th day of May, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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