Taylor v. Lockhart et al (INMATE 2)

Filing 26

ORDER: It is ORDERED and ADJUDGED that the 25 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. Defendants motion to dismiss (Doc. 23 ) is GRANTED to the extent Defendants s eek dismissal of this case due to Plaintiffs failure to properly exhaust an administrative remedy prior to filing this case; 2. This case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for Plaintiffs failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs are taxed. Final Judgment will be entered in favor of Defendants. Signed by Honorable Judge W. Harold Albritton, III on 9/19/2017. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CHRISTOPHER TAYLOR, #291 115, Plaintiff, v. VALENCIA LOCKHART, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:16-CV-190-WHA ) [WO] ) ) ) ORDER On August 22, 2017, the Magistrate Judge filed a Recommendation to which no timely objection has been filed. Doc. 25. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. Defendants’ motion to dismiss (Doc. 23) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust an administrative remedy prior to filing this case; 2. This case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs are taxed. Final Judgment will be entered in favor of Defendants. Done this 19th day of September, 2017. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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