Newsome v. Meeks et al (INMATE 1)

Filing 38

OPINION AND ORDER: it is ORDERED and ADJUDGED that: (1) the 37 recommendation of the magistrate judge is adopted; (2) the dfts' 26 motion for summary judgment is granted to the extent that the dfts seek dismissal of this case due to the plf& #039;s failure to exhaust properly an administrative remedy previously available to him at the Covington County Jail; and (3) this case is dismissed with prejudice in accordance with the provisions of 42 USC § 1997e(a) for the plf's failure to exhaust properly an administrative remedy provided to him during his confinement in the Coving County Jail as this remedy is not longer available to him with respect to the claims presented in this case; further ORDERED that costs are taxed against the plf, for which execution may issue. Signed by Honorable Judge Myron H. Thompson on 4/9/2014. (wcl, )

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

ANDREW NEWSOME,
Plaintiff,
v.
DENNIS MEEKS, et al.,
Defendants.

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CASE NO. 2:13cv588-TMH
[WO]

OPINION AND ORDER
On March 5, 2014, the magistrate judge filed a recommendation in this case (1) that
the court grant the defendants’ motion for summary judgment to the extent the defendants
seek dismissal of this case due to the plaintiff’s failure to exhaust properly an administrative
remedy previously available to him at the Covington County Jail and (2) that the case be
dismissed with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the
plaintiff’s failure to exhaust properly an administrative remedy provided to him during his
confinement in the Coving County Jail as this remedy is no longer available to him with
respect to the claims presented in this case. No timely objections have been filed.
Upon an independent and de novo review of the file in this case and upon
consideration of the recommendation of the magistrate judge, it is ORDERED and
ADJUDGED that: (1) the recommendation of the magistrate judge (doc. no. 37) is adopted;
(2) the defendants’ motion for summary judgment is granted to the extent that the defendants
seek dismissal of this case due to the plaintiff’s failure to exhaust properly an administrative

remedy previously available to him at the Covington County Jail; and (3) this case is
dismissed with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the
plaintiff’s failure to exhaust properly an administrative remedy provided to him during his
confinement in the Coving County Jail as this remedy is not longer available to him with
respect to the claims presented in this case.
It is further ORDERED that costs are taxed against the plaintiff, for which execution
may issue.
An appropriate judgment will be entered.
DONE this 9th day of April, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE