Dean v. Department of Corrections et al (INMATE2)

Filing 46

ORDER: (1) The 45 REPORT AND RECOMMENDATION is ADOPTED; (2) Defendants Allen, Giles, and Longmire's Motion for Summary Judgment (Doc. 27 , 40 ) is GRANTED; (3) Plaintiff's complaint (Doc. 1 ) against Defendants Allen, Giles, and Longmi re is DISMISSED with prejudice; (4) Defendants PHS, Inc., and Liebe's (identified in the complaint as "B. Luke") motion for summary judgment (Doc. 28 ) is GRANTED to the extent it seeks dismissal of the case due to Plaintiff's fa ilure to properly exhaust his administrative remedies; and (5) The complaint (Doc. 1 ) against Defendants PHS, Inc., and Liebe is DISMISSED with prejudice for Plaintiff's failure to exhaust his administrative remedies in accord with 42 U.S.C. 1997e(a). Final judgment will be separately entered. Signed by Honorable William Keith Watkins on 12/11/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R O D N E Y C. DEAN, # 244 759, P la in tif f , v. WARDEN J.C. GILES, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) )

C A S E NO. 2:07-CV-342-WKW

ORDER T h e re being no objections filed to the Recommendation of the Magistrate Judge (" R e c o m m e n d a tio n " ) (Doc. # 45), and after an independent review, it is ORDERED that: (1 ) (2 ) T h e Recommendation is ADOPTED; D e f e n d a n ts Allen, Giles, and Longmire's motion for summary judgment (Doc. # 27, 40) is GRANTED; (3 ) P la in tif f 's complaint (Doc. # 1) against Defendants Allen, Giles, and Longmire is DISMISSED with prejudice; (4 ) Defendants PHS, Inc., and Liebe's (identified in the complaint as "B. Luke") m o tio n for summary judgment (Doc. # 28) is GRANTED to the extent it seeks d is m is s a l of the case due to Plaintiff's failure to properly exhaust his a d m in is tra tiv e remedies; and, (5 ) The complaint (Doc. # 1) against Defendants PHS, Inc., and Liebe is D IS M ISS E D with prejudice for Plaintiff's failure to exhaust his administrative

remedies in accord with 42 U.S.C. § 1997e(a). F in a l judgment will be separately entered. D O N E this 11th day of December, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE