Walker v. Biggs et al (INMATE 3)

Filing 25

ORDER, JUDGMENT and DECREE of the court that: 1) The 24 Recommendation of the Magistrate Judge is ADOPTED; 2) The dfts' 22 Motion for Summary Judgment is GRANTED and plf's complaint is DISMISSED with prejudice due to plf's failure to properly exhaust his available administrative remedies. Signed by Hon. Chief Judge Mark E. Fuller on 11/19/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION A L L E N WALKER, P l a in tif f , v. B A R R Y BRIGGS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-994-MEF (W O )

ORDER
O n October 28, 2009, the Magistrate Judge filed a Recommendation (Doc. #24) 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 . The defendants' motion for summary judgment is GRANTED and plaintiff's c o m p lain t is DISMISSED with prejudice due to plaintiff's failure to properly exhaust his a v a i la b l e administrative remedies. D O N E this the 19th day of November, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE