Hornsby v. Wittien et al (INMATE 1)

Filing 19

ORDER adopting 17 Report and Recommendations; granting defendant's 8 Motion to Dismiss to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy currently available to h im at the Elmore County Jail; that this case is DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) due to Plaintiff's failure to exhaust an available administrative remedy. Signed by Honorable Ira De Ment on 3/12/2010. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JAMIE NEAL HORNSBY, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. No. 17) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION of the Magistrate Judge is ADOPTED. It is further ORDERED that Defendant's Motion to Dismiss is GRANTED to the extent D ef endants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy currently available to him at the Elmore County Jail. This case is DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) due to Plaintiff's failure to exhaust an available administrative remedy.

CASE NO. 2:09-cv-1134-ID [WO]

SGT. WITTIEN, et al., Defendants.

Done this 12th day of March, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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