Davis v. Jones et al (INMATE1)

Filing 35

ORDER that (1) the Recommendation of the Magistrate Judge 33 is ADOPTED; and (2) Defendants' motion for summary judgment is GRANTED as further set out in order; (3) This case is DISMISSED with prejudice in accordance with theprovisions of 42 U.S.C. § 1997e(a) for Plaintiff's failure to properly exhaust the administrative remedy previously available to him at the Lee County Detention Facility. Signed by Chief Judge William Keith Watkins on 11/7/2011. (jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROBERT LOUIS DAVIS, ) ) ) ) ) ) ) ) ) Plaintiff, v. JAY JONES, et al., Defendants. CASE NO. 3:10-CV-393-WKW ORDER On October 14, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 33.) Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that (1) the Recommendation of the Magistrate Judge (Doc. # 33) is ADOPTED; (2) Defendants’ motion for summary judgment is GRANTED to the extent and Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust the administrative remedy previously available to him at the Lee County Detention Facility. (3) This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff’s failure to properly exhaust the administrative remedy previously available to him at the Lee County Detention Facility. DONE this 7th day of November, 2011. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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