Reeves v. Siddiq et al (INMATE2)

Filing 14

OPINION AND ORDER: it is ORDERED and ADJUDGED as follows that: 1) The 13 Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2) The 9 Motion to Dismiss be and is hereby GRANTED to the extent that the dft seeks dismissal of this case due to the plf's failure to properly exhaust an administrative remedy available to him at the Bullock Correctional Facility; 3) This case be and is hereby DISMISSED without prejudice pursuant to the provisions of 42 USC § 1997e(a) for the plf's failure to exhaust an administrative remedy available to him at the Bullock Correctional Facility; and 4) No costs are taxed herein. Signed by Honorable Judge Truman M. Hobbs on 6/14/2013. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RICHARD KYLE REEVES, #255472, Plaintiff, v. DR. TAHIR SIDDIQ, M.D., et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:12cv904-TMH ) (WO) ) ) ) OPINION and ORDER On May 7, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 13). 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 motion to dismiss filed by defendant Siddiq (doc. # 9) be and is hereby GRANTED to the extent that the defendant seeks dismissal of this case due to the plaintiff’s failure to properly exhaust an administrative remedy available to him at the Bullock Correctional Facility; 3. This case be and is hereby DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) for the plaintiff’s failure to exhaust an administrative remedy available to him at the Bullock Correctional Facility; and 4. No costs are taxed herein. A separate order will issue. Done this the 14th day of June, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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