Berry v. Jones et al (INMATE 1)

Filing 36

ORDER: On December 7, 2016, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 35 ) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recomme ndation is ADOPTED, Defendants motion to dismiss is GRANTED, and Plaintiffs complaint is DISMISSED with prejudice pursuant to 42 U.S.C. § 1997e(a). A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 1/5/2017. (kh, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
CLEVELAND BERRY,
Plaintiff,
v.
OFFICER JONES, et al.,
Defendants.

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CASE NO. 1:16-CV-591-WKW
[WO]

ORDER
On December 7, 2016, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 35.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED that the
Recommendation is ADOPTED, Defendants’ motion to dismiss is GRANTED, and
Plaintiff’s complaint is DISMISSED with prejudice1 pursuant to 42 U.S.C. §
1997e(a). A final judgment will be entered separately.
DONE this 5th day of January, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

1

A dismissal with prejudice is appropriate here because the Plaintiff’s failure to exhaust
his administrative remedies under § 1997e(a) is a deficiency that cannot be cured. See Johnson v.
Meadows, 418 F.3d 1152 (11th Cir. 2005) (holding that a prisoner cannot exhaust his
administrative remedies by filing an untimely grievance and that failure to satisfy the PLRA’s
exhaustion requirement results in procedural default).