Coventry v. Franklin et al (INMATE 1)

Filing 22

ORDER adopting 21 Report and Recommendations; that defendants' 14 Motion for Summary Judgment is GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust administrative remedies previously available to him at the Elmore County Jail; that this case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to properly exhaust administrative remedies previously available to him at the Elmore County Jail. Signed by Honorable Ira De Ment on 7/27/2010. (cc, )

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C o v entr y v. Franklin et al (INMATE 1) Do c. 22 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 E D W IN ELMER COVENTRY, V AIS # 109975, P l a i n t if f , v. SH E R IF F WILLIAM E. FRANKLIN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:09cv1176-ID O R D E R AND OPINION O n June 16, 2010, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. No. 21). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e defendants' motion for summary judgment is GRANTED to the extent the d e f e n d a n t s seek dismissal of this case due to the plaintiff's failure to properly exhaust ad m inistrat ive remedies previously available to him at the Elmore County Jail. 2. T h is case is DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. 1997e(a) for the plaintiff's failure to properly exhaust administrative remedies p re viou sly available to him at the Elmore County Jail. Dockets.Justia.com D o n e this the 27 th day of July, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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