Lewis v. Houston County, Alabama et al (INMATE 2)

Filing 33

ORDER: it is ORDERED as follows: 1) The 32 Recommendation of the Magistrate Judge is ADOPTED; 2) The 26 motion to dismiss is GRANTED to the extent Dfts seek dismissal of this action due to Plf Jessie Lewis, Jr.'s failure to exhaust an adm inistrative remedy available to him at the Houston County Community Corrections Facility prior to initiating this action; 3) This action is DISMISSED with prejudice under 42 USC 1997e(a) for Mr. Lewis's failure to exhaust an administrative remed y previously available to him at the Houston County Community Corrections Facility; and 4) No costs are taxed; DIRECTING the Clerk of the Court to amend the caption of this case as it appears on this Order to reflect the individual Dft's correct name. Signed by Chief Judge William Keith Watkins on 12/5/2017. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESSIE LEWIS, JR., #191 868
Plaintiff,
v.
HOUSTON COUNTY,
ALABAMA and TONY WEBER,
Defendants.

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CASE NO. 1:17-CV-222-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 32.)
There being no timely objection filed to the Recommendation, and based on an
independent review of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 32) is

ADOPTED;
2.

The motion to dismiss, filed by Defendants Houston County, Alabama,

and Tony Weber,1 (Doc. # 26) is GRANTED to the extent Defendants seek dismissal
of this action due to Plaintiff Jessie Lewis, Jr.’s failure to exhaust an administrative
remedy available to him at the Houston County Community Corrections Facility prior
to initiating this action;
1

Plaintiff misspelled Defendant Tony Weber’s name. This Order uses the proper spelling.

3.

This action is DISMISSED with prejudice under 42 U.S.C. § 1997e(a)

for Mr. Lewis’s failure to exhaust an administrative remedy previously available to
him at the Houston County Community Corrections Facility; and
4.

No costs are taxed.

It is further ORDERED that the Clerk of the Court is DIRECTED to amend the
caption of this case as it appears on this Order to reflect the individual Defendant’s
correct name.
A final judgment will be entered separately.
DONE this 5th day of December, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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