Edmiston v. Rosado et al (INMATE1)

Filing 38

ORDERED that: (1) the plaintiff's 37 Objection to the Recommendation of the Magistrate Judge is overruled; (2) The 33 Recommendation of the Magistrate Judge is adopted; and (3) Defendants' Motion for Summary Judgment is GRANTED and plaintiff's complaint is DISMISSED with prejudice due to plaintiff's failure to properly exhaust his available administrative remedies. Signed by Honorable Truman M. Hobbs on 5/7/2010. (cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION C O N N IE R. EDMISTON, P l a i n t if f , v. D . ROSADO, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-206-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #37) to the Recommendation of the Magistrate J u d g e filed on May 3, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #33) filed on April 13, 2010 is adopted; 3 . Defendants' motion for summary judgment is GRANTED and plaintiff's complaint is DISMISSED with prejudice due to plaintiff's failure to properly exhaust his available a d m in i str a tiv e remedies. D O N E this the 7th day of May, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE