Daniel v. Rafferidy et al (INMATE 2)

Filing 19

ORDERING and ADJUDGING that the 18 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted, and this case be and is hereby DISMISSED as follows: (1) defs' 15 Motion to Dismiss is GRANTED to the extent Defs seek dismissal of this ca se due to Plf's failure to properly exhaust an administrative remedy prior to filing this case; (2) This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for Plf's failure to properly exhaust an administrative remedy before seeking relief from this court; (3) no costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 11/9/18. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHTERN DIVISION
DONALD RAY DANIEL, #311 112,
Plaintiff,
v.
JOSH RAFFERTY, et al.,
Defendants.

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CIVIL ACTION NO. 1:18-CV-391-WHA
[WO]

ORDER
On October 17, 2018, the Magistrate Judge filed a Recommendation to which no timely
objection have been filed. Upon an independent review of the file in this case and upon
consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge (Doc. 18)
be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows:
1. Defendants’ motion to dismiss (Doc. 15) is GRANTED to the extent Defendants seek
dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy prior
to filing this case;
2. 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 before seeking relief
from this court.
3. No costs are taxed.
A Final Judgment will be entered separately.
Done, this 9th day of November 2018.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE