Allen v. Tallapoosa County Jail Staff et al (Inmate 1)

Filing 39

ORDERED that: (1) The 38 Recommendation of the Magistrate Judge is ADOPTED; (2) With respect to Plaintiff's claim regarding the prosecution of her assailant, Defendants' motion for summary judgment is GRANTED; (3) With respect to Plaintif f's failure-to-protect claim, Defendants' motion for summary judgment is GRANTED to the extent that Defendants seek dismissal of this case; (4) Plaintiff's failure-to-protect claim is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) as further set out; and (5) This action is dismissed with prejudice. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 6/30/2009. (cb, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION B E R T H A ALLEN, #134004, Plaintiff, v. T A L L A P O O S A COUNTY JAIL STAFF, e t al., Defendants. ) ) ) ) ) CASE NO. 3:06-CV-772-WKW ) ) ) ) ) ORDER O n June 1, 2009, the Magistrate Judge filed a Recommendation (Doc. # 38) in this c a s e to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. # 38) of the Magistrate Judge is ADOPTED; W ith respect to Plaintiff's claim regarding the prosecution of her assailant, D e f e n d a n ts ' motion for summary judgment is GRANTED, as this claim does not implicate a violation of any constitutionally protected interest; 3. W ith respect to Plaintiff's failure-to-protect claim, Defendants' motion for s u m m a ry judgment is GRANTED to the extent that Defendants seek dismissal of this case d u e to Plaintiff's failure to exhaust properly an administrative remedy previously available to her at the Tallapoosa County Jail; 4. P laintiff's failure-to-protect claim is DISMISSED with prejudice in accordance w ith the provisions of 42 U.S.C. 1997e(a) for Plaintiff's failure to exhaust an a d m in is tra tiv e remedy available to her during her confinement in the Tallapoosa County Jail; and 5. T h is action is DISMISSED with prejudice. A n appropriate judgment will be entered. D O N E this 30th day of June, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE 2

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