Davis v. Williams et al (INMATE 2)

Filing 25

ORDERED that: 1) The 24 Recommendation is ADOPTED; 2) Dfts' 16 & 22 motions to dismiss are GRANTED to the extent Dfts seek dismissal of this case due to Plf's failure to properly exhaust an administrative remedy available to him at th e Lowndes County Detention Facility prior to initiating this cause of action; 3) This case is DISMISSED with prejudice under 42 USC § 1997e(a) for Plf's failure to properly exhaust an administrative remedy available to him at the Lowndes County Detention Facility; 4) No costs are taxed. Signed by Chief Judge William Keith Watkins on 10/8/2015. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JACK A. DAVIS, # 182448,
Plaintiff,
v.
JOHN WILLIAMS,
CAPTAIN ROGERS, and
DR. KERN,
Defendants.

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CASE NO. 2:15-CV-215-WKW
[WO]

ORDER
On September 15, 2015, the Magistrate Judge filed a Recommendation to
which no timely objections have been filed. (Doc. # 24.) Upon an independent
review of the file in this case and upon consideration of the Recommendation, it is
ORDERED that:
1.

The Recommendation is ADOPTED;

2.

Defendants’ motions to dismiss (Docs. # 16 & 22) are GRANTED to

the extent Defendants seek dismissal of this case due to Plaintiff’s failure to
properly exhaust an administrative remedy available to him at the Lowndes County
Detention Facility prior to initiating this cause of action;

3.

This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a)

for Plaintiff’s failure to properly exhaust an administrative remedy available to him
at the Lowndes County Detention Facility.
4.

No costs are taxed.

A separate final judgment will be entered.
DONE this 8th day of October, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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