McKinney v. Smallwood Prison Dental Services et al (INMATE 1)

Filing 55

ORDER ADOPTING 54 Report and Recommendations; the dfts' motion for summary judgment be granted to the extent the dfts seek dismissal of this case due to the plaintiff's failure to properly exhaust administrative remedies previously availa ble to him at the BCFC; and this case be dismissed with prejudice in accordance with the provisions of 42 USC 1997e(a) for the plaintiff's failure to exhaust administrative remedies available to him during his confinement in the BCCF. Signed by Hon. Chief Judge Mark E. Fuller on 11/7/08. (Attachments: # 1 appeals checklist)(vma, )

THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION S T A C E Y B. McKINNEY, #155499, Plaintiff, v. S M A L L W O O D PRISON DENTAL S E R V IC E S , et al., Defendants. ) ) ) ) ) ) ) ) ) )

2:08-CV-90-MEF [W O ]

ORDER
O n October 14, 2008, the Magistrate Judge filed a Report and Recommendation (Doc. 5 4 ) in this case to which no timely objections have been filed. Upon an independent review o f the file in this case and upon consideration of the Recommendation of the Magistrate Ju d g e , it is ORDERED that: 1. 2. T h e Recommendation (Doc. 54) of the Magistrate Judge is ADOPTED; T h e defendants' motion for summary judgment be GRANTED to the extent th e defendants seek dismissal of this case due to the plaintiff's failure to p ro p e rly exhaust administrative remedies previously available to him at the B u llo c k County Correctional Facility; and 3. T h is case be DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. § 1997e(a) for the plaintiff's failure to exhaust administrative re m e d ies available to him during his confinement in the Bullock County C o rre c tio n a l Facility.

A n appropriate judgment will be entered. D o n e this the 7 th day of November, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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