Dansby v. Siddig (INMATE 1)

Filing 17

ORDER as follows: 1. The Recommendation 14 is ADOPTED, and Plaintiff's objections 15 and 16 are OVERRULED. 2. Defendant's Motion to Dismiss is GRANTED to the extent that the Defendant seeks dismissal of this case due to Plaintiff& #039;s failure to properly exhaust an administrative remedy prior to filing this action. 3. This case is DISMISSED without prejudice, pursuant to the provisions of 42 U.S.C. §1997(e)(a) for the Plaintiff's failure to exhaust an administrative remedy. 4. No costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 10/30/2013. (jg, )

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

ANDRE M. DANSBY, #181 727,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DR. SIDDIQ,
Defendant.

CIVIL ACTION NO. 2:13cv380-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #14),
entered on October 15, 2013, and two Objections to the Recommendation filed by the Plaintiff
on October 28, 2013 (Docs. #15 and #16).
Following an independent evaluation and de novo review of the file in this case, the court
finds, for the reasons stated in the Recommendation, that the objections are without merit.
Therefore, it is hereby ORDERED as follows:
1. The Recommendation is ADOPTED, and Plaintiff’s objections are OVERRULED.
2. Defendant’s Motion to Dismiss is GRANTED to the extent that the Defendant seeks
dismissal of this case due to Plaintiff’s failure to properly exhaust an administrative remedy prior
to filing this action.
3. This case is DISMISSED without prejudice, pursuant to the provisions of 42 U.S.C. §
1997(e)(a) for the Plaintiff’s failure to exhaust an administrative remedy.
4. No costs are taxed.

DONE this 30th day of October, 2013.

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