Hicks v. Alabama Department of Corrections et al (INMATE1)

Filing 35

ORDER: ORDERED and ADJUDGED that the 32 REPORT AND RECOMMENDATION is adopted and that the defendants' 10 Motion for Summary Judgment and 13 Motion for Summary Judgment are granted to the extent that this case is dismissed in its entirety w ithout prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Frank Lee Youth Center. Signed by Honorable Myron H. Thompson on 9/22/2008. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CHARLES HICKS, # 246241, Plaintiff, v. RICHARD ALLEN, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:07-cv-142-MHT [WO]

ORDER On August 28, 2008, the magistrate judge filed a recommendation to which no timely objections have been filed. Upon an independent and de novo 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. # 32) is adopted and that the defendants' motions for summary judgment (Doc. ## 10 & 13) are granted to the extent that this case is dismissed in its entirety without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the Frank Lee Youth Center. DONE, this the 22nd day of September 2008. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE