Carter v. Jones et al (INMATE2)

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATION. The Defendants' 18 Motion for Summary Judgment is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust available administrative remedies . It is further ORDERED that this case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) due to Plaintiff's failure to exhaust administrative remedies available to him during confinement in the Lee County Detention Center. A separate judgment shall be entered. Signed by Honorable Ira De Ment on 11/9/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION SEAN M. CARTER, #267439, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. No. 25) in this case to which no timely objections have been filed. After a review of the Recommendation, and af ter an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that ADOPTED. The the RECOMMENDATION of the Magistrate Judge is CASE NO. 3:09-cv-582-ID [WO] JAY JONES, et al., Defendants. Defendants' Motion For Summary Judgment (Doc. No. 18) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust available administrative remedies. It is further ORDERED that this case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) due to Plaintiff's failure to exhaust administrative remedies available to him during confinement in the Lee County Detention Center. A separate judgment shall be entered. D o n e this 9 th day or November, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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