Milner v. Tallapoosa County Jail et al (INMATE2)

Filing 27

ORDER ADOPTING 26 REPORT AND RECOMMENDATION. Defendants' 11 Motion for Summary Judgment is GRANTED to the extent that Defendants seek dismissal of this case due to Plaintiff's failure to exhaust an administrative remedy. This case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. 1997e(a).Signed by Honorable W. Harold Albritton, III on 12/23/2008. (dmn)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CORNELIUS MILNER, Plaintiff, vs. BLAKE JENNINGS, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:07cv152-WHA (WO)

ORDER No timely objection having been filed by the Plaintiff to the Recommendation of the Magistrate Judge (Doc. #26), filed on December 2, 2008, the court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. Defendants' Motion for Summary Judgment (Doc. #11) is GRANTED to the extent that Defendants seek dismissal of this case due to Plaintiff's failure to exhaust an administrative remedy. 2. This case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a). DONE this 23rd day of December, 2008.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE