Bryant v. Hugghins et al (INMATE 2)

Filing 35

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: The Recommendation of the Magistrate Judge (doc. 34 ) is ADOPTED; The Defendants' answer and special report (doc. 26 ) is construed as a motion to dismiss, and the motion to dismiss (d oc. 26 ) is GRANTED to the extent that the claims against Defendants Turman and Hugghins are DISMISSED without prejudice pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust administrative remedies; The claims against Defendant Spicer are DI SMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m) and for the Plaintiff's failure to comply with the Court's Orders and to prosecute this action against Defendant Spicer; The claims against the Covington County Jail are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1); This case is DISMISSED. Signed by Chief Judge Emily C. Marks on 7/8/2024. (c/s) (LAB)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ODESIUS LACHARLES BRYANT, Plaintiff, v. THOMAS HUGGHINS, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL CASE NO. 2:21-cv-637-ECM MEMORANDUM OPINION and ORDER On June 12, 2024, the Magistrate Judge entered a Recommendation (doc. 34) to which no timely objections have been filed. Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (doc. 34) is ADOPTED; 2. The Defendants’ answer and special report (doc. 26) is construed as a motion to dismiss, and the motion to dismiss (doc. 26) is GRANTED to the extent that the claims against Defendants Turman and Hugghins are DISMISSED without prejudice pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust administrative remedies; 3. The claims against Defendant Spicer are DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m) and for the Plaintiff’s failure to comply with the Court’s Orders and to prosecute this action against Defendant Spicer; 4. The claims against the Covington County Jail are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915A(b)(1); 5. This case is DISMISSED. A separate Final Judgment will be entered. DONE this 8th day of July, 2024. /s/ Emily C. Marks EMILY C. MARKS CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?