Hayes v. Giles et al (INMATE2)

Filing 45

ORDER that 42 REPORT AND RECOMMENDATIONS is ADOPTED; that Defendants Giles and Jenkins' 22 motion for summary judgment on plaintiff's Eighth Amendment claim is GRANTED; that Defendants' 13 , 14 , 22 and 32 motions for summary judgment on plaintiff's ADA claim are GRANTED; that Plaintiff's claims against defendants Giles and Jenkins are DISMISSED with prejudice; that Defendants Ferrell and James' 13 , 14 and 32 motions for summary judgment on plaintiff 's Eighth Amendment claim are GRANTED to the extent these defendants seek dismissal of this claim due to plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Ventress Correctional Facility; tha t Plaintiff's Eighth Amendment claim against defendants Ferrell and James are 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 are taxed against the plaintiff for which execution may issue. Signed by Hon. Chief Judge Mark E. Fuller on 12/2/2010. (cc, )

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Hayes v. Giles et al (INMATE2) Doc. 45 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION E D D IE AHMAD HAYES, #233519, P la in tif f , v. W A R D E N GILES, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-416-MEF ORDER O n October 28, 2010, the Magistrate Judge filed a Recommendation (Doc. #42) 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 Giles and Jenkins' motion for summary judgment on plaintiff's Eighth A m e n d m e n t claim (Doc. #22) is GRANTED. 3 . Defendants' motions for summary judgment on plaintiff's ADA claim (Doc. #13, # 1 4 , #22, #32) are GRANTED. 4 . Plaintiff's claims against defendants Giles and Jenkins are DISMISSED with p re ju d ic e . 5 . Defendants Ferrell and James' motions for summary judgment on plaintiff's Eighth Dockets.Justia.com Amendment claim (Doc. #13, #14, #32) are GRANTED to the extent these defendants seek d is m is s a l of this claim due to plaintiff's failure to properly exhaust an administrative remedy p re v io u s ly available to him at the Ventress Correctional Facility; and 6 . Plaintiff's Eighth Amendment claim against defendants Ferrell and James are D IS M IS S E D with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for p la in tif f 's failure to exhaust an administrative remedy available to him during his c o n f in e m e n t at the Ventress Correctional Facility. 7 . Costs of this action are taxed against the plaintiff for which execution may issue. D O N E this the 2 nd day of December, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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