Palomar-Martinez v. Hughes et al (INMATE2)

Filing 15

ORDER and OPINION directing that, 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 14 Recommendation of the Magistrate Judge be and is here by ADOPTED and that: (1.) Defendants' 11 motion for summary judgment is GRANTED to the extent that defendants seek dismissal of this case due to plaintiff's failure to properly exhaust an administrative remedy, as further set out; and (2. ) This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. §1997e(a) for plaintiff's failure to exhaust an administrative remedy available to him during his confinement in the Covington County Jail. Signed by Honorable Judge Truman M. Hobbs on 2/1/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOSE PALOMAR-MARTINEZ,
Plaintiff,
v.
PRESTON HUGHES (CAPT.), et al.,
Defendants.

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CIVIL ACTION NO. 2:11cv780-TMH

ORDER AND OPINION
On January 12, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 14). 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.

Defendants’ motion for summary judgment (Doc. # 11) is GRANTED to the

extent that defendants seek dismissal of this case due to plaintiff’s failure to properly exhaust
an administrative remedy previously available to him at the Covington County Jail; and
2.

This case is DISMISSED with prejudice in accordance with the provisions of

42 U.S.C. §1997e(a) for plaintiff’s failure to exhaust an administrative remedy available to
him during his confinement in the Covington County Jail.

Done this the 1 st day of February, 2012.

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

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