Brewington v. Daniels et al (INMATE 2)

Filing 29

OPINION and ORDER that it is ORDERED and ADJUDGED as follows: (1) ADOPTING 27 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) the defendants' Motion for Summary Judgment be and is hereby GRANTED to the extent the defendants seek dism issal due to the plaintiff's failure to properly exhaust administrative remedies; (3) this case be and is hereby DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy available to him during his confinement in the Kilby Correctional Facility; and (4) no costs be and are TAXED herein. Signed by Honorable Judge Truman M. Hobbs on 11/30/12. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ALTERRA BREWINGTON,
Plaintiff,
v.
D. DANIELS, et al.,
Defendants.

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CIV. ACT. NO. 2:11cv793-TMH
(WO)

OPINION and ORDER
On November 7, 2012, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 27). 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 as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

The defendants’ motion for summary judgment be and is hereby GRANTED to the

extent the defendants seek dismissal due to the plaintiff’s failure to properly exhaust administrative
remedies;
3.

This case be and is hereby 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 available to him during his confinement in the Kilby Correctional Facility;. and
4.

No costs be and are TAXED herein.

Done this the 30th day of November, 2012.
/s Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE