Hayes v. Giles et al (INMATE2)

Filing 49

ORDER that plaintiff's 47 objection to the Recommendation of the Magistrate Judge filed on December 3, 2010 is overruled; 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 DISM ISSED 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; that 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 1/4/2011. (cc, )