Elsberry v. Darbouze (INMATE1)

Filing 12

ORDER AND OPINION: it is ORDERED and ADJUDGED that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The 8 Motion to Dismiss filed by dft Darbouze is GRANTED to the extent that dfts seeks dismissal of this case d ue to plf's failure to properly exhaust an administrative remedy currently available to him at the Easterling Correctional Facility; 2) This case is DISMISSED without prejudice pursuant to the provisions of 42 USC § 1997e(a) for the plf's failure to exhaust an administrative remedy presently available to him at the Easterling Correctional Facility. Signed by Honorable Judge Truman M. Hobbs on 9/20/2011. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DWIGHT ELSBERRY, #221087,
Plaintiff,
v.
DR. JEAN DARBOUZE,
Defendants.

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CIVIL ACTION NO. 2:11cv239-TMH

ORDER AND OPINION
On August 29,2 011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 11). 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
and is hereby ADOPTED and that:
1.

The motion to dismiss filed by defendant Darbouze is GRANTED to the extent

that defendants seeks dismissal of this case due to plaintiff’s failure to properly exhaust an
administrative remedy currently available to him at the Easterling Correctional Facility.
2.

This case is DISMISSED without prejudice pursuant to the provisions of 42

U.S.C. § 1997e(a) for the plaintiff’s failure to exhaust an administrative remedy presently
available to him at the Easterling Correctional Facility.

Done this the 20 th day of September, 2011.

/s/ Truman M. Hobbs
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SENIOR UNITED STATES DISTRICT JUDGE

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