Monroe v. Thomas et al (INMATE2)

Filing 58

ORDER, JUDGMENT and DECREE of the court that: (1) the 57 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) defs Corbier, PHS, Inc., Webb, Lysykanyez, and Sager's motion for summary judgment, as supplements, 21 , 26 , & 30 , is GRAN TED to the extent these defendants seek dismissal of this case for plf's failure to exhaust available administrative remedies; (3) defs Louis Thomas, Jenkins, Golden, Levan Thomas, Forniss, and Edwards' motion for summary judgment, as supplements, 18 & 28 , is GRANTED; (4) this case is DISMISSED with prejudice; (5) costs of the proceeding are taxed against the plf, for which execution may issue. Signed by Hon. Chief Judge Mark E. Fuller on 2/24/09. (djy, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION J A M E S K. MONROE, #167435, P l a in tif f , v. O F F IC E R L. THOMAS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:06-cv-0928-MEF

ORDER
O n February 2, 2009, the Magistrate Judge filed a Recommendation (Doc. #57) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . Defendants Corbier, PHS, Inc., Webb, Lysykanycz, and Sager's motion for s u m m a ry judgment, as supplemented, (Doc. #21, #26 & #30), is GRANTED to the extent th e se defendants seek dismissal of this case for plaintiff's failure to exhaust available a d m in istra tiv e remedies; Woodford v. Ngo, 548 U.S. 81, 126 S.Ct. 2378 (2006). 3 . Defendants Louis Thomas, Jenkins, Golden, Levan Thomas, Forniss, and Edwards' m o tio n for summary judgment, as supplemented, (Doc. #18 & #28) is GRANTED. 4 . This case is DISMISSED with prejudice.

5. Costs of the proceeding are taxed against the plaintiff, for which execution may is s u e . D O N E this the 24th day of February, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE