Edwards v. Peasant (INMATE 2)

Filing 18

ORDER directing that: 1) The 17 Recommendation of the Magistrate Judge is ADOPTED; 2) Dft's 12 Motion for Summary Judgment be GRANTED to the extent Dfts seeks dismissal of this case due to Plf's failure to properly exhaust available administrative remedies; and 3) This case be DISMISSED with prejudice, as further set out in order; An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/30/2008. (wcl, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M IC H A E L LYNN EDWARDS, #249580, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:08-CV-564-TMH [W O ] D R . PEASANT, Defendant. ORDER O n December 10, 2008, the Magistrate Judge filed a Recommendation (Doc. 17) 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 ORDERED that: 1. 2. T h e Recommendation (Doc. 17) of the Magistrate Judge is ADOPTED; D e f e n d a n t's motion for summary judgment (Doc. 12) be GRANTED to the e x ten t Defendant seeks dismissal of this case due to Plaintiff's failure to p ro p e rly exhaust available administrative remedies; and 3. T h is case be DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. 1997e(a) for Plaintiff's failure to exhaust administrative remedies a v a ila b le to him during his confinement at the Ventress Correctional Facility. A n appropriate judgment will be entered. D o n e this 30th day of December, 2008. /s/ Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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