Townsend v. Valenza et al (INMATE 1)

Filing 15

ORDER directing that: (1) the 14 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) defs' 12 Motion to Dismiss is GRANTED to the extent defs seek dismissal of this case due to plf's failure to properly exhaust an adminis trative remedy available to him at the Houston County Jail prior to initiating this cause of action; (3) this case is DISMISSED with prejudice in accordance with the provisions of 42 USC 1997e(a) plf's failure to properly exhaust an administrative remedy previously available to him at the Houston County Jail; and (4) no costs are taxed. Signed by Chief Judge William Keith Watkins on 8/2/16. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES TOWNSEND, JR.,
# 46264,
Plaintiff,
v.
DONALD VALENZA, et al.,
Defendants.

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CASE NO. 1:16-CV-335-WKW
[WO]

ORDER
On July 7, 2016, the Magistrate Judge filed a Recommendation to which no timely
objections have been filed. (Doc. # 14.) Upon an independent review of the file and upon
consideration of the Recommendation, it is ORDERED that
(1)

The Recommendation is ADOPTED;

(2)

Defendants’ Motion to Dismiss (Doc. # 12) is GRANTED to the extent

Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust an
administrative remedy available to him at the Houston County Jail prior to initiating this
cause of action;
(3)

This case is DISMISSED with prejudice in accordance with the provisions

of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust an administrative
remedy previously available to him at the Houston County Jail; and

(4)

No costs are taxed.

A separate final judgment will be entered.
DONE this 2nd day of August, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE