Milner v. Tallapoosa County Jail et al (INMATE2)

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations, and that 1) Dft Moss is dismissed without prejudice as a party to the complaint for plaintiff's failure to effect service on this individual, see Rule 4(m), FRCP; 2) Dfts Abbett, Jennings, and Cowart's 17 Motion for Summary Judgment filed by Jimmy Abbett, Blake Jennings, Jason Cowart is granted to the extent that these dfts seek dismissal of this case due to plaintiff's failure to exhaust an administr ative remedy; 3) This case is dismissed without prejudice in accordance with the provisions of 42 USC 1997e(a), Woodford v. Ngo.__U.S.__, 126 S. Ct. 2378 (2006); and 4) No costs are taxed herein.. Signed by Honorable Myron H. Thompson on 1//30/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CORNELIUS JARMAINE MILNER, Plaintiff, v. BLAKE JENNINGS, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER On December 15, 2008, the magistrate judge filed a recommendation in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED and ADJUDGED that the recommendation of the magistrate judge (Doc. # 31) is adopted and that: 1. Defendant Moss is dismissed without prejudice as a party to the complaint for

CIVIL ACTION NO. 3:07cv165-MHT (WO)

plaintiff's failure to effect service on this individual, see Rule 4(m), Federal Rules of Civil Procedure; 2. Defendants Abbett, Jennings, and Cowart's motion for summary judgment

(Doc. # 17) is granted to the extent that these defendants seek dismissal of this case due to plaintiff's failure to exhaust an administrative remedy; 3. This case is dismissed without prejudice in accordance with the provisions of

42 U.S.C. § 1997e(a), Woodford v. Ngo, ___ U.S. ___, 126 S.Ct. 2378 (2006); and

4.

No costs are taxed herein.

DONE, this the 30th day of January, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE