Wilson v. Weed, et al (INMATE 1)

Filing 58

ORDERING and ADJUDGING that the 57 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted and that: (1) the defendants' 19 Motion for Summary Judgment is granted to the extent the defendants seek dismissal of this case due to the pla intiff's failure to properly exhaust an administrative remedy previously available to him at the Crenshaw County Detention Facility; (2) This case is dismissed with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plai ntiff's failure to properly exhaust an administrative remedy provided to him during his confinement in the Crenshaw County Detention Facility as this remedy is no longer available to him with respect to the claims presented in this cause of action. Signed by Honorable Judge Myron H. Thompson on 3/10/14. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHNNY RAY WILSON, #217101,
Plaintiff,
v.
CHARLES THOMAS WEED, et al.,
Defendants.

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CIVIL ACTION NO. 2:11cv792-TMH
(WO)

ORDER
On February 13, 2014, the magistrate judge filed a recommendation in this case to
which no timely objections have been filed. Upon an independent and de novo 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 (Doc. #
57) is adopted and that:
1.

The defendants’ motion for summary judgment (Doc. # 19) is granted to the

extent the defendants seek dismissal of this case due to the plaintiff’s failure to properly
exhaust an administrative remedy previously available to him at the Crenshaw County
Detention Facility.
2.

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 an administrative remedy
provided to him during his confinement in the Crenshaw County Detention Facility as this

remedy is no longer available to him with respect to the claims presented in this cause of
action.
An appropriate judgment will be entered.
Done this the 10th day of March, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE