Carter v. Department of Corrections et al (INMATE2)

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS ; 22 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 at the Lee County Detention Center; and that this case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) due to Plaintiffs failure to exhaust his available administrative remedies. A separate judgment shall be entered. Signed by Honorable Ira De Ment on 12/22/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION SEAN M. CARTER, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER On November 25, 2009, the Magistrate Judge filed a Recommendation in this case (Doc. No. 25), 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, said Recommendation is hereby adopted, and it is ORDERED that Defendants' motion for summary judgment (Doc. No. 22) be and the same is hereby GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust available administrative remedies at the Lee County Detention Center. 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 his available administrative remedies. A separate judgment shall be entered. D o n e this 22 nd day of December, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE CASE NO. 3:09-cv-606-ID [WO] SHERIFF J. JONES, et al., Defendants.

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