Perdue v. Cain et al (INMATE 1)

Filing 46

ORDERED that the 45 Recommendation of the Magistrate Judge is ADOPTED, that Dfts' 25 motion to dismiss for failure of Plf to exhaust administrative remedies is GRANTED, and that Dfts' 25 motion for summary judgment on the merits is GRANTED. Signed by Chief Judge William Keith Watkins on 7/23/2014. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MILLARD PERDUE, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ANNETTE CAIN, et al., Defendants. CASE NO. 2:12-CV-268-TMH ORDER The Magistrate Judge entered a Recommendation (Doc. # 45) in this case to which no timely objections have been filed. After a review of the Recommendation and of the entire record, the court finds that the Recommendation is due to be adopted. Accordingly, it is ORDERED that the Recommendation of the Magistrate Judge is ADOPTED, that Defendants’ motion to dismiss for failure of Plaintiff to exhaust administrative remedies is GRANTED, and that Defendants’ motion for summary judgment on the merits is GRANTED. A separate judgment shall issue. DONE this 23rd day of July, 2014. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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