McCullough v. Chambers County Sheriff's Department et al (INMATE2)

Filing 36

ORDER adopting 35 Report and Recommendations; granting 11 Motion for Summary Judgment to the extent Defendants seek dismissal for Plaintiff's failure to exhaust available administrative remedies; that this case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiffs failure to exhaust an administrative remedy available to him during his confinement in the Chambers County Detention Center. Signed by Honorable William Keith Watkins on 12/2/2008. (cc, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION C H R IS T O P H E R McCULLOUGH, # 174 909, ) ) P l a in tif f , ) ) v. ) ) S G T . JOHN CARMICHAEL, et al., ) ) D e f e n d a n ts . ) OR DER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 35), and upon an independent review of the file in this case, it is ORDERED as follows: (1 ) (2 ) T h e Recommendation is adopted. D e f en d a n ts ' motion for summary judgment (Doc. # 11) is GRANTED to the CASE NO. 3:05-CV-1163-WKW (WO) e x te n t Defendants seek dismissal for Plaintiff's failure to exhaust available administrative r e m e d i e s. (3 ) T h is case is DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. 1997e(a) for Plaintiff's failure to exhaust an administrative remedy available to h im during his confinement in the Chambers County Detention Center. An appropriate judgment will be entered. D o n e this 2nd day of December, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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