Hayes v. Giles et al (INMATE2)
REPORT AND RECOMMENDATIONS that Defendants Giles and Jenkins' 22 motion for summary judgment on Plaintiff's Eighth Amendment Claim be GRANTED; that Defendants' motions for summary judgment on Plaintiff's ADA claim (Doc. Nos. 13 , 14 , 22 , 32 ) be GRANTED; that Plaintiff's claims against Defendants Giles and Jenkins be DISMISSED with prejudice; that Defendants Ferrell and James' motions for summary judgment on Plaintiff's Eighth Amendment claim (Doc. Nos. 13 , 14 , 32 ) be GRANTED to the extent these Defendants seek dismissal of this claim due to Plaintiff's failure to properly exhaust an administrativeremedy previously available to him at the Ventress Correctional Facility; that Plaintiff 9;s Eighth Amendment claim against Defendants Ferrell and James be DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff's failure to exhaust an administrative remedy available to him during his confinement at the Ventress Correctional Facility; that costs of this action be taxed against Plaintiff for which execution may issue; Objections to R&R due by 11/11/2010. Signed by Honorable Wallace Capel, Jr on 10/28/2010. (cc, )
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