Tharp v. Reed et al (INMATE 1)

Filing 29

ORDER directing as follows: (1) the 27 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) defs' 23 Motion to Dismiss is GRANTED; (3) this case is DISMISSED with prejudice in accordance wit the provisions of 42 U.S.C 1997e(a) for Pl's failure to exhaust an administrative remedy before seeking relief from the court; and (4) no costs are taxed. Signed by Chief Judge William Keith Watkins on 11/14/16. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION EVESTER THARP, JR., #207773, Plaintiff, v. KEITH REED, JAMES BRAZIER, and KIM TURNER, Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:16-CV-374-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge. (Doc. # 27.) There being no timely objection filed to the Recommendation, and based on a review of the record, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 27) is ADOPTED; 2. Defendants’ motion to dismiss (Doc. # 23) is GRANTED; 3. This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to exhaust an administrative remedy before seeking relief from the court; and 4. No costs are taxed. A final judgment will be entered separately. DONE this 14th day of November, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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