Griggs v. Stewart et al (INMATE2)

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATION and that: 1. Defendants' 10 Motion for Summary Judgment is granted to the extent that defendants seek dismissal of this case due to plaintiff's failure to properly exhaust an administrative rem edy previously available to him at the Chambers County Jail. 2. This case is dismissed in accordance with the provisions of 42 U.S.C. 1997e(a) for plaintiff's failure to exhaust an administrative remedy available to him during his confinement in the Chambers County Jail. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. Signed by Honorable Myron H. Thompson on 6/17/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DERWIN T. GRIGGS, #198159, Plaintiff, v. MAJOR CLAY STEWART, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER On May 22, 2009 (Doc. # 19), 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. # 19) is adopted and that: 1. Defendants' motion for summary judgment (Doc. # 10) is granted to the extent CIVIL ACTION NO. 3:07cv691-MHT (WO) that defendants seek dismissal of this case due to plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Chambers County Jail. 2. This case is dismissed in accordance with the provisions of 42 U.S.C. 1997e(a) for plaintiff's failure to exhaust an administrative remedy available to him during his confinement in the Chambers County Jail. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. Done this the 17th day of June, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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