Williams v. Whiteside (INMATE 2)

Filing 20

ORDERED as follows: 1) The 19 Recommendation of the Magistrate Judge is ADOPTED; 2) Dft John Crow's 15 & 17 motion for summary judgment is GRANTED; 3) The 14 motion to dismiss filed by Dfts Whiteside, Parker, Ellis, and Oden is GRANTE D for Plf's failure to properly exhaust his administrative remedies; 4) This case is DISMISSED without prejudice under 42 USC 1997e(a) for Plf's failure to properly exhaust his administrative remedies; and 5) No costs are taxed. Signed by Chief Judge William Keith Watkins on 6/15/2017. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DEVORIS WILLIAMS, #213941,
Plaintiff,
v.
NURSE WHITESIDE, JUSTIN
ODEN, NURSE PARKER, DR.
ELLIS, and JOHN CROW,
Defendants.

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CASE NO. 2:16-CV-942-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 19.)
There being no timely objection filed to the Recommendation, and based on a review
of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 19) is

ADOPTED;
2.

Defendant John Crow’s motion for summary judgment (Docs. # 15, 17)

is GRANTED;
3.

The motion to dismiss filed by Defendants Whiteside, Parker, Ellis, and

Oden (Doc. # 14) is GRANTED for Plaintiff’s failure to properly exhaust his
administrative remedies;

4.

This case is DISMISSED without prejudice under

42 U.S.C.

§ 1997e(a) for Plaintiff’s failure to properly exhaust his administrative remedies; and
5.

No costs are taxed.

A final judgment will be entered separately.
DONE this 15th day of June, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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