Hudson v. FPC Montgomery et al (INMATE 3)

Filing 49

ORDER AND OPINION that it is ORDERED and ADJUDGED that the 47 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED and that: (1) the defs' Motion to Dismiss is GRANTED to the extent that the defendants seek dismissal o f this case due to Hudsons failure to exhaust administrative remedies available to him through the BOP before filing this federal civil action ; (2) This case is DISMISSED with prejudice under the provisions of 42 U.S.C. 1997e(a) for Hudson's failure to exhaust the administrative remedies previously available to him through the BOP. Signed by Honorable Judge W. Harold Albritton, III on 6/1/2015. (djy, )

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

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
FPC Montgomery, et al.,
Defendants.

CIVIL ACTION NO. 2:12cv625-WHA

ORDER AND OPINION
On April 2, 2015, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 47). 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.

The defendants’ motion to dismiss is GRANTED to the extent that the

defendants seek dismissal of this case due to Hudson’s failure to exhaust administrative
remedies available to him through the BOP before filing this federal civil action.
2.

This case is DISMISSED with prejudice under the provisions of 42 U.S.C. §

1997e(a) for Hudson’s failure to exhaust the administrative remedies previously available
to him through the BOP.

Done this the 1st day of June, 2015.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE

2