Jones v. Alabama Department of Corrections et al (INMATE 1)

Filing 36

ORDER ADOPTING 35 Recommendation; Defendants' Motion to Dismiss is GRANTED to the extent Defendants seek dismissal of this action based upon Plaintiffs failure to exhaust properly an administrative remedy available to him prior to filing this federal civil action; and (3) this action is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiffs failure to properly exhaust an available administrative remedy.An appropriate final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 11/21/2014. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TYRUS JONES, # 287250,
Plaintiff,
v.
CORIZON, et al.,
Defendants.

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CASE NO. 2:14-CV-606-WKW
[WO]

ORDER
On October 24, 2014, the Magistrate Judge filed a Recommendation to
which no timely objections have been filed. (Doc. # 35.) Upon an independent
review of the file in this case, it is ORDERED as follows:
(1)

the Recommendation (Doc. # 35) is ADOPTED;

(2)

Defendants’ motion to dismiss is GRANTED to the extent Defendants

seek dismissal of this action based upon Plaintiff’s failure to exhaust properly an
administrative remedy available to him prior to filing this federal civil action; and
(3)

this action is DISMISSED without prejudice in accordance with the

provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust an
available administrative remedy.
An appropriate final judgment will be entered separately.

DONE this 21st day of November, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE