Jupiter v. Henline et al (INMATE 1)

Filing 20

ORDER: it is ORDERED as follows: 1) The 19 Recommendation of the Magistrate Judge is ADOPTED; 2) Dfts' 15 & 17 motions to dismiss are GRANTED to the extent Dfts seek dismissal of this action due to Plf's failure to properly exhaust an administrative remedy available to him during his confinement at the Elmore County Jail 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 properly exhaust an administrative remedy previously available to him at the Elmore County jail; 4) No costs are taxed herein. Signed by Chief Judge William Keith Watkins on 11/28/2017. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KEON CONELIOUS JUPITER,
Plaintiff,
v.
ROBERT HENLINE, et al.,
Defendants.

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CASE NO. 2:17-CV-464-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 an independent review of the record, it is ORDERED as follows:
1.

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

ADOPTED;
2.

Defendants’ motions to dismiss (Docs. # 15 & 17) are GRANTED to

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

3.

This action is DISMISSED with prejudice in accordance with the

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

No costs are taxed herein.

A final judgment will be entered separately.
DONE this 28th day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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