Lee v. Woods (INMATE 2)

Filing 50

ORDER directing as follows (1 the 49 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPED; (2) defs' 32 Motion to Dismiss is GRANTED to the extent Defendants seek dismissal of this case due to Plaintif's failure to properly exhaust an administrative remedy available to him during his confinement at FPC Montgomery prior to initiating this cause of action; (3) This action is DISMISSED with prejudice pursuant to 42 U.S.C. 1997e(a) for Plaintiff's failure to properly exhaust an administrative remedy previously available to him at FPC Montgomery; a separate final judgment will be entered. Signed by Honorable Judge William Keith Watkins on 2/23/2021. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WILLIE LEE,
Plaintiff,
v.
WALTER WOODS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CASE NO. 2:18-CV-265-WKW
[WO]

ORDER
On February 1, 2021, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 49.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED as
follows:
(1) The Recommendation (Doc. # 49) is ADOPTED.
(2) Defendants’ motion to dismiss (Doc. # 32) is GRANTED to the extent
Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust
an administrative remedy available to him during his confinement at FPC
Montgomery prior to initiating this cause of action.
(3) This action is DISMISSED with prejudice pursuant to 42 U.S.C. §
1997e(a) for Plaintiff’s failure to properly exhaust an administrative remedy
previously available to him at FPC Montgomery.

A separate final judgment will be entered.
DONE this 23rd day of February, 2021.
/s/ W. Keith Watkins
United States District Judge

2