Presley v. Dunn (INMATE 2)

Filing 25

ORDERING and ADJUDGING that the 24 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: (1) def's 20 Motion to Dismiss is GRANTED to the extent Def seeks dismissal of this case due to Plf's failure to properly exhaust an administrative remedy available to him at the Fountain Correctional Facility prior to initiating this cause of action; (2) this case is DISMISSED without prejudice under 42 U.S.C. 1997e(a) for Plf's failure to properly exhaust an administrative remedy available to him at the Fountain Correctional Facility; (3) no costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 2/2/17. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GEORGE WALTER PRESLEY, #158 155,
Plaintiff,
v.
JEFFERSON DUNN, COMMISSIONER,
Defendant.

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CIVIL ACTION NO. 2:16-CV-255-WHA
[WO]

ORDER
On January 12, 2017, the Magistrate Judge filed a Recommendation to which no timely
objection have been filed. Doc. 24. 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. Defendant’s motion to dismiss (Doc. 20) is GRANTED to the extent Defendant seeks
dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy
available to him at the Fountain Correctional Facility prior to initiating this cause of action.
2. This case is DISMISSED without prejudice under 42 U.S.C. ' 1997e(a) for Plaintiff's
failure to properly exhaust an administrative remedy available to him at the Fountain Correctional
Facility.
3. No costs are taxed.
Final Judgment will be entered in favor of Defendants.
DONE this 2nd day of February, 2017.
/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE