Carter v. Giles et al (INMATE1)

Filing 24

ORDER ADOPTING 23 REPORT AND RECOMMENDATION of the Mag Judge; granting def Giles' 12 motion for summary judgment; plf's 42 USC 1983 claims against def Giles are DISMISSED with prejudice, as further set out; granting 15 motion to dismi ss ; plf's 42 USC 1983 claims against defs. Peasent, Burks and Correctional Medical Services are DISMISSED without prejudice due to plf's failure to exhaust his administrative remedies. Signed by Honorable Truman M. Hobbs on 1/13/09. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION W IL L IE THOMAS CARTER, #239835, P la in tif f , v. J.G. GILES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:08cv713-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #23) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #23) of the Magistrate Judge is A D O P T E D . Defendant Giles' Motion for Summary Judgment (Doc. #12) is GRANTED. P la in tif f 's 42 U.S.C. 1983 claims against Defendant Giles are DISMISSED with prejudice f o r the reasons stated in the Magistrate Judge's Recommendation. The Motion to Dismiss (D o c . #15) by Defendants Peasent, Burks, and Correctional Medical Services is GRANTED. P la in tif f 's 42 U.S.C. 1983 claims against Defendants Peasent, Burks, and Correctional M e d ica l Services are DISMISSED without prejudice due to Plaintiff's failure to exhaust his a d m in is tra tiv e remedies. An appropriate judgment will be entered. D o n e this 13 th day of January, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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