Edwards v. Jones et al (INMATE2)

Filing 44

ORDER: It is ORDERED and ADJUDGED as follows that: 1. The 41 Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The defendant's Motion for Summary Judgment be and is hereby GRANTED to the extent that the defendant seeks dismis sal of this case for the plaintiff's failure to exhaust administrative remedies. 3. This case be and is hereby DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for the plaintiffs failure to exhaust an administrative remedy available to him during his confinement in the Lee County Detention Center. 4. No costs be and are hereby TAXED herein. Signed by Honorable Judge Mark E. Fuller on 8/17/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DEMETRIUS M. EDWARDS,

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Plaintiff,
v.
OFC. SPRAGGINS,
Defendant.

CIV. ACT. NO. 3:09cv660-MEF
(WO)

ORDER
On July 11, 2011, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 41). Upon an independent review of the file
in this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

The defendant’s motion for summary judgment be and is hereby GRANTED

to the extent that the defendant seeks dismissal of this case for the plaintiff’s failure to
exhaust available administrative remedies.
3.

This case be and is hereby DISMISSED with prejudice in accordance with the

provisions of 42 U.S.C. § 1997e(a) for the plaintiff’s failure to exhaust an administrative
remedy available to him during his confinement in the Lee County Detention Center.

4.

No costs be and are hereby TAXED herein
th

Done this the 17 day of August, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE