Butler v. Colly et al (INMATE 1)

Filing 37

ORDER directing as follows: (1) ADOPTING 36 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) defs' 18 Motion to Dismiss is GRANTED to the extent defs seek dismissal due to plf's failure to properly exhaust an administrative r emedy available to him during his confinement at the Elmore County Detention Center prior to initiating this cause of action; (3) this action is DISMISSED with prejudice in accordance with the provisions of 42 USC 1997e(a) for plf's failure to exhaust properly an administrative remedy available to him during his incarceration at the Elmore County Detention Center; and (4) no costs are taxed herein. Signed by Chief Judge William Keith Watkins on 11/1/17. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TRAVONTE K. BUTLER, #281434,

)
)
Plaintiff,
)
)
v.
) CASE NO.: 2:14-CV-1225-WKW
)
[WO]
OFFICER COLLY, OFFICER
)
GARBOLD, AND ADMINISTRATOR )
HENLINE,
)
)
1
Defendants.
)
ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc.
# 36.) There being no timely objection filed to the Recommendation, and based on
an independent review of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 36) is

ADOPTED;
2.

Defendants’ motion to dismiss (Doc. # 18) is GRANTED to the extent

Defendants seek dismissal due to Plaintiff’s failure to properly exhaust an
administrative remedy available to him during his confinement at the Elmore County
Detention Center prior to initiating this cause of action;

1

Defendants were properly identified as Benjamin Colley, David Godbold, and Robert
Henline. (See Doc. # 12.)

3.

This action is DISMISSED with prejudice in accordance with the

provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to exhaust properly an
administrative remedy available to him during his incarceration at the Elmore
County Detention Center; and
4.

No costs are taxed herein.

A separate final judgment will be entered.
DONE this 1st day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2