Howard v. McWhorter et al(INMATE 1)

Filing 38

ORDER, JUDGMENT and DECREE of the court that: (1) the plf's 34 objections are overruled; (2) the 33 Report and Recommendation of the Magistrate Judge is adopted; (3) defendants' 28 Motion to Dismiss is GRANTED, as further set out in order; (4) this case is DISMISSED with prejudice in accordance with the provisions of 42 USC 1997(e), as further set out in order. Signed by Honorable Judge Mark E. Fuller on 6/3/14. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DARON D. HOWARD, #159809,
Plaintiff,
v.
DR. MILLARD McWHORTER, et al.,
Defendants.

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CASE NO. 2:12-cv-692-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objections (Doc. #34) to the Recommendation of the Magistrate
Judge filed on May 21, 2014 are overruled;
2. The Recommendation of the Magistrate Judge (Doc. #33) entered on May 7, 2014
is adopted;
3. That defendants' motion to dismiss is GRANTED as the plaintiff failed to file his
complaint within two years of the claims related to medical treatment provided to him in
2009 and because he failed to properly exhaust an administrative remedy previously
available to him at the Covington County Jail with respect to all claims made the basis of this
civil action.
4. This case is DISMISSED with prejudice in accordance with the provisions of 42
U.S.C. § 1997e(a) for the plaintiff's failure to timely file the 2009 claims and for his failure
to properly exhaust an administrative remedy provided to him during his confinement in the

Covington County Jail as this remedy is no longer available to him with respect to the claims
presented in this cause of action.
DONE this the 3rd day of June, 2014.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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