Singleton v. East, et al (INMATE 1)

Filing 23

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The 22 Recommendation of the Magistrate Judge is ADOPTED. 2. The defendants' 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 an administrative remedy previously available to him at the Elmore County Jail. 3. This case is dismissed with prejudice in accordance with the provisions of 42 U.S.C. §1997e(a) for the plaint iff's failure to properly exhaust an administrative remedy provided to him during his confinement in the Elmore County Jail as this remedy is no longer available to him with respect to the claims presented in this cause of action. Signed by Honorable Judge Mark E. Fuller on 7/3/2012. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WILLIAM HENRY SINGLETON, III, ) ) ) ) ) ) ) ) Plaintiff, v. OFFICER EAST, et al., Defendants. CASE NO. 2:12-cv-071-MEF ORDER On May 24, 2012, the Magistrate Judge filed a Recommendation (Doc. #22) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. The defendants' 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 an administrative remedy previously available to him at the Elmore County Jail. 3. This case is dismissed with prejudice in accordance with the provisions of 42 U.S.C. ยง 1997e(a) for the plaintiff's failure to properly exhaust an administrative remedy provided to him during his confinement in the Elmore County Jail as this remedy is no longer available to him with respect to the claims presented in this cause of action. rd DONE this the 3 day of July, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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